Legal Question in Immigration Law in Maryland
Student on H4 visa
My son is studying in college at a state university. He is on H4 dependent visa. My H1B visa is valid until end of 2010. Can he continue his studies on H4 Visa and remain in USA alone if I move out of the country temporarily?
3 Answers from Attorneys
Re: Student on H4 visa
As long as you are maintaining H-1B employment, you can have trips outside the U.S. while your son maintains H-4 status.
Once you are no longer continuing H-1B employment, his H-4 would no longer be valid.
Re: Student on H4 visa
What do you mean move out of the country temporarily? Are you maintaining your H1B? Not likely. In such a case I would tell you that it would be better if he changed his status to F1 if he wants to continue his education.
Re: Student on H4 visa
This would depend upon how temporary and what your intentions are in regards to resuming H1b employment. If you will be returning to your H-1b employment he can remain on the H-4, but if it is either uncertain or a significantly extended time you will be gone he should change to an F visa.
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