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  #1 (permalink)  
Old 10-09-2010, 02:18 PM
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Default help needed

Hi,
Presently I am on H1B and my husband on H4 visa. I have to go to India permanently, so can my husband stay in USA on H4 visa while I am in india ? my husband is not willing to go to india at all. I tried hard all the way to make him convince. Can I travel alone without him ? what will be the problem in future for visa? please advise.

Thank you!

Kav

Last edited by kavita_abb; 10-09-2010 at 03:07 PM.
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  #2 (permalink)  
Old 10-09-2010, 06:40 PM
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dealsnet has a brilliant future dealsnet has a brilliant future dealsnet has a brilliant future dealsnet has a brilliant future dealsnet has a brilliant future dealsnet has a brilliant future dealsnet has a brilliant future dealsnet has a brilliant future dealsnet has a brilliant future dealsnet has a brilliant future dealsnet has a brilliant future
Default H4

You want to take him to India permanent ?
Any family problem?
He can stay here upto his i-94 legally, or if you cancel your visa and inform USCIS, they will cancel his visa. Even then, if he want to syay here, he can be in F1 visa or find a job and stay in H1B.

Quote:
Originally Posted by kavita_abb View Post
Hi,
Presently I am on H1B and my husband on H4 visa. I have to go to India permanently, so can my husband stay in USA on H4 visa while I am in india ? my husband is not willing to go to india at all. I tried hard all the way to make him convince. Can I travel alone without him ? what will be the problem in future for visa? please advise.

Thank you!

Kav
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I am not a lawyer. This is my personal opinion.
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  #3 (permalink)  
Old 10-09-2010, 09:49 PM
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Default

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Originally Posted by dealsnet View Post
...
He can stay here upto his i-94 legally...
This is unlikely to be true. The dependent's VISA status is connected to the primary's VISA status. When the poster leaves for India permanently, by which I assume that she quits her job in US, she stops maintaining H1-B status, which means her dependent's H-4 status becomes void.

So basically her husband cannot legally stay in US in his current status if the OP leaves.
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  #4 (permalink)  
Old 10-10-2010, 12:03 PM
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Default

Thank you!

I am not quiting my company but I am moving to India. In that case what will happen ?

Your valuable inputs are greatly appreciated.

Thank you very much!
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  #5 (permalink)  
Old 10-10-2010, 12:36 PM
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PHANI_TAVVALA has a brilliant future PHANI_TAVVALA has a brilliant future PHANI_TAVVALA has a brilliant future PHANI_TAVVALA has a brilliant future PHANI_TAVVALA has a brilliant future PHANI_TAVVALA has a brilliant future PHANI_TAVVALA has a brilliant future PHANI_TAVVALA has a brilliant future PHANI_TAVVALA has a brilliant future PHANI_TAVVALA has a brilliant future PHANI_TAVVALA has a brilliant future
Post Still illegal.

When a person is on H1B with a multi-national company, he/she is an full-time employee of its U.S division and has nothing to do with the company's overseas SBU's. Even if the employee has worked at overseas division and later moved to U.S on H1B, USCIS considers the employee to have been hired fresh due to difficulty the company faced in hiring an qualified American in U.S.

Your husband is allowed to stay in U.S (until validity of H1B) as long as you do not resign your job in U.S. But if you move to India permanently to work at your company's Indian subsidary you are automatically considered to have resigned your job in U.S. At this point your H1B becomes invalid as soon as you leave U.S and thereby your husband's H4 becomes invalid too. If he stays in U.S despite this (without changing to an alternate visa) he will be accruing out-of-status stay which will allow DHS to ban him from U.S for 3-10 years.
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  #6 (permalink)  
Old 10-10-2010, 01:24 PM
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Default

Thank you very much for all your support.

Do I need to inform him before I leave ? because he is with his relative place. What is the process for that ? If I leave without informing him, then what he can do on me ?
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  #7 (permalink)  
Old 10-10-2010, 01:26 PM
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Default

Quote:
Originally Posted by kavita_abb View Post
Thank you!

I am not quiting my company but I am moving to India. In that case what will happen ?

Your valuable inputs are greatly appreciated.

Thank you very much!
I would have said what Phani said. Essentially, you must be on valid H1-B status; otherwise your husband's H-4 status is not valid. This means that you must remain employed in US as an US employee (get your paycheck in US, pay all US taxes, file US tax returns, etc.). For a short duration, it may be possible to remain an US employee and work from India (as a business trip), but I do not see that happening on a permanent basis.
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  #8 (permalink)  
Old 10-10-2010, 01:37 PM
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Default

Quote:
Originally Posted by kavita_abb View Post
Thank you very much for all your support.

Do I need to inform him before I leave ? because he is with his relative place. What is the process for that ?
This is a domestic problem, not an immigration one. Legally, a dependent is assumed to _depend_ on you. Anyway, just give him a call/send an email/letter informing that his stay would be illegal after you leave.
Quote:
Originally Posted by kavita_abb View Post
If I leave without informing him, then what he can do on me ?
Legally, nothing.
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  #9 (permalink)  
Old 10-10-2010, 04:15 PM
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Default

Thank you very much for all your support. If they are able to transfer his visa, then I am suspecting that they will do fraud with me. Can I inform USCIS about our domestic problem ? If they receive any application about visa transfer. How can I know that ? I don't want my visa used by them at all.After that they can do anything with me. Please help. Thanks!
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  #10 (permalink)  
Old 10-10-2010, 07:58 PM
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Default

Quote:
Originally Posted by kavita_abb View Post
Thank you very much for all your support. If they are able to transfer his visa, then I am suspecting that they will do fraud with me. Can I inform USCIS about our domestic problem ? If they receive any application about visa transfer. How can I know that ? I don't want my visa used by them at all.After that they can do anything with me. Please help. Thanks!
There is nothing called "VISA transfer". All VISA petitions are "new". In some cases, if the person is already in US in legal status, then USCIS will provide I-94 with the VISA approval notice so that the person does not have to go out; otherwise s/he has to go out of US, get a VISA stamp (if s/he has no VISA stamp for that category) and return on that VISA.

At the time of his new VISA petition, if your dependent wants to claim the he is in H-4 status (so that USCIS gives him I-94), he has to submit copies of primary's (yours) I-797, VISA stamp, etc., with his own application to prove that the primary is in status. In your case, ask your employer to withdraw the H1-B application from USCIS once you leave US. This way your dependent will not be able to use your I-797 to prove his status. AFAIK, usually an employer does not do so since it is additional cost for them. Keep a copy of the letter/email you send to your employer requesting them to withdraw the H1-B petition, and the letter/email you send to your dependent informing him about your departure and that he will be out of status from that time (keep proof of delivery for any physical mail). That should protect you.

You may choose to tip off ICE (1-866-DHS-2-ICE) after your departure that your dependent has not left US, and is out of status. He will not start accruing "illegal presence" until 6 months, but he will be "out of status" from the day you quit your US position. I believe he cannot stay in US as "out of status" (i.e., if ICE wants, they will be able to deport him). In any case, you should take a decision to do such a thing only after considerable thought and keeping aside any anger from the decision process.
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  #11 (permalink)  
Old 12-13-2010, 08:36 PM
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Default

Quote:
Originally Posted by kavita_abb View Post
Thank you!

I am not quiting my company but I am moving to India. In that case what will happen ?

Your valuable inputs are greatly appreciated.

Thank you very much!
Well, you have to quit job in USA before moving to India. When you go out of USA, your H1-B status is gone. Read gain, your H1 status is gone. So your spouse can not be on H4.

You should consider getting professional advice both for your immigration issues as well as your personality disorder.

Get a life!!!


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  #12 (permalink)  
Old 12-14-2010, 07:14 PM
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Default

Quote:
Originally Posted by desi3933 View Post
Well, you have to quit job in USA before moving to India. When you go out of USA, your H1-B status is gone. Read gain, your H1 status is gone. So your spouse can not be on H4.

You should consider getting professional advice both for your immigration issues as well as your personality disorder.

Get a life!!!


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Not a legal advice.
kavitha Tell your husband go file for a new H1B for him or file a F1 , if not once your company withdraws your H1B petition he is out of status and will be come illegal ...

hope this helps
Thanks
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