Can my dependent (h4) stay in US for 3 months while I need to go out of US for a new project assigned by my employer.


I am on a H1B visa, valid untill end of 2018. Since my project in US is getting over this month (July’15), I have been assigned a new project by my employer which is in Canada starting from next month onwards.

Now the situation is, we had applied H1B visa for my wife this year in April’15. She is currently on H4 visa.
Got selected in the lottery and her H1B visa petition is approved wef 1st Oct’15.

The question is : Can she stay here for 3 months till Sept’15 without me in US legally as she has an approved H1B and a valid H4 visa too?

My H1B visa is not revoked by my employer & the project is only for 8 months and then I would be back in US.
The payroll will be run in Canada and the employment in US will end.


As long as her H4 is valid its fine.