khattam58@gmail.com wrote:
> I am visiting this forum after a while. I have H4 visa multiple entry
> to US, I am planning to visit Canada with my wife soon. Is it
> necessary that we both have to return back together, I mean can I re-
> enter US using my H4 visa while she is in Canada?
Your H-4 visa is valid if the person with H-1B authorisation on whom you
are dependent is in H-1B status. If they're not in the USA they're not
in status. I don't honestly know whether you're allowed to use the H-4
visa if the relevant H-1B isn't in the USA. In practical terms I would
*guess* that if the H-1B is just out of the USA for a "normal" reason
during an ongoing H-1B employment (for example, a brief vacation) then
there shouldn't be a problem. If the H-1B holder doesn't currently have
a sponsoring job in the USA then the H-4 is probably invalid. I don't
know the law on this and I'm applying common sense, which is rarely a
good thing to do where USA immigration law is concerned.
> Also let me know how long my H4 visa stamping will be valid as we are
> planning to move to Canada for education purpose by the end of this
> year! My current H4 is valid till Dec 2010, do I need to apply for
> visitor visa if I have to enter US in 2009.
As above; the H-4 is valid if the H-1B with which it is associated is in
H-1B status in the USA. |