Travelling is a wonderful way to experience the world, but it can also be a stressful experience for those who have to leave their loved ones behind. For those with an H1 visa, the situation is even more challenging. With the H1 visa, the person is allowed to stay in the United States for a period of time, but they must return to their home country when their visa expires. So, what is the answer to the question of whether or not H4 dependents can be in the United States while the H1 holder is travelling?
What is the H1 Visa?
The H1 visa is a non-immigrant visa issued by the United States Citizenship and Immigration Services (USCIS). The H1 visa is typically used by foreign nationals who wish to work in the United States for a specific employer. The visa is valid for up to three years, and during that time, the foreign national may work and live in the United States. The visa also allows the foreign national’s spouse and children to accompany them to the US. These dependents are given an H4 visa, which is valid for the same period of time.
Can H4 Dependents Stay in the US While the H1 Holder is Travelling?
The answer to this question is generally yes, but there are a few things to keep in mind. First, the H4 dependents must have a valid visa to remain in the US. This means that if the H1 visa holder chooses to travel outside of the United States, the H4 dependent must also have a valid visa in order to remain in the US. It is also important to note that H4 dependents are not allowed to apply for a job or work in the US while their H1 visa holder is travelling. Finally, any H4 dependent who wishes to remain in the United States while their H1 visa holder is travelling must file Form I-539, Application to Extend/Change Nonimmigrant Status.
Requirements for an H4 Dependent to Remain in the US
In order for an H4 dependent to remain in the US while their H1 visa holder is travelling, they must meet the following requirements:
- The H4 dependent must have a valid visa.
- The H4 dependent must file Form I-539, Application to Extend/Change Nonimmigrant Status.
- The H4 dependent must not work in the US while their H1 visa holder is travelling.
- The H4 dependent must maintain their status as a dependent of the H1 visa holder.
What Happens if an H4 Dependent Does Not Meet the Requirements?
If an H4 dependent does not meet the requirements for remaining in the US while their H1 visa holder is travelling, they may face serious consequences. Depending on the situation, the individual may be subject to deportation, fines, and other penalties. It is important to speak with an experienced immigration attorney if you are unsure about the requirements for remaining in the US as an H4 dependent.
Conclusion
In conclusion, it is possible for an H4 dependent to remain in the United States while their H1 visa holder is travelling. However, the H4 dependent must meet certain requirements and must file the appropriate paperwork. It is important to speak with an experienced immigration attorney if you are unsure about the requirements or if you have any questions.
Frequently Asked Questions
What is the H1 visa?
The H1 visa is a non-immigrant visa issued by the United States Citizenship and Immigration Services (USCIS). The H1 visa is typically used by foreign nationals who wish to work in the United States for a specific employer. The visa is valid for up to three years, and during that time, the foreign national may work and live in the United States.
Can H4 dependents stay in the US while the H1 holder is travelling?
Yes, H4 dependents can stay in the US while the H1 visa holder is travelling, as long as they have a valid visa and they file Form I-539, Application to Extend/Change Nonimmigrant Status. However, they are not allowed to work in the US while their H1 visa holder is travelling.
What happens if an H4 dependent does not meet the requirements?
If an H4 dependent does not meet the requirements for remaining in the US while their H1 visa holder is travelling, they may face serious consequences. Depending on the situation, the individual may be subject to deportation, fines, and other penalties.
Can an H4 dependent apply for a job in the US?
No, an H4 dependent is not allowed to apply for a job or work in the US while their H1 visa holder is travelling.
Do I need an experienced immigration attorney if I am an H4 dependent?
It is recommended that you speak with an experienced immigration attorney if you are unsure about the requirements or if you have any questions.
How long is an H1 visa valid for?
The H1 visa is valid for up to three years, and during that time, the foreign national may work and live in the United States.
Do I need to file Form I-539 if I am an H4 dependent?
Yes, any H4 dependent who wishes to remain in the United States while their H1 visa holder is travelling must file Form I-539, Application to Extend/Change Nonimmigrant Status.
What happens if I don't maintain my status as an H4 dependent?
If you do not maintain your status as an H4 dependent, you may be subject to deportation, fines, and other penalties.
Can I travel outside the US while my H1 visa holder is travelling?
Yes, you can travel outside the US while your H1 visa holder is travelling, as long as you have a valid visa and you file Form I-539, Application to Extend/Change Nonimmigrant Status.
Can I work in the US while my H1 visa holder is travelling?
No, you are not allowed to apply for a job or work in the US while your H1 visa holder is travelling.