H1B to H4 - Stamping without COS

[madhankumar84]

Hi,

My wife entered US on H4 visa on Jul 2013. She got a job and her employer filed her H1b during April 2014 and her visa moved to H1B starting from Oct 1st 2014. She decided to quit her job due to personal reason and her last day is supposed to be on Jan 24th 2015. We are travelling to India on Jan 24th 2015 and returning back on Feb 25th 2015. She already has her H4 stamping done before entering US for the first time.

Now, before she enters US for the second time on Feb 25th 2015, is it necessary to go H4 stamping again? We did not file for COS yet as she will be in valid status before we start travelling. I am confused if a COS is needed at the first place. If COS is not needed, does she still need to go for H4 stamping?

Thanks,
Madhan

[kadkhiq81]

H1B to H4 - Stamping without COS

If her H4 visa stamped on the passport is still valid when she return, There is no need for another stamping however she will get new I 94 based on her H4 visa expiry date. You need to apply for an extension/COS (For H1) before her new I 94 expires.

This is my opinion.

[madhankumar84]

Thanks kadkhiq81 for your reply. Her H4 visa that is already stamped expires in July 2016. However, since she is currently in H1B, I thought her H4 is void and she would have to go for stamping again.

Other way to put my question is -- If she has to go for H4 stamping during our travel in January 2015, do I have to file a COS and have that processed before she goes for H4 stamping? If yes, I think I will have to postpone our travel until COS is processed while she is in US and then go for H4 stamping in India.

Thanks again,
Madhan

[raghvi]

Thanks kadkhiq81 for your reply. Her H4 visa that is already stamped expires in July 2016. However, since she is currently in H1B, I thought her H4 is void and she would have to go for stamping again.

Other way to put my question is -- If she has to go for H4 stamping during our travel in January 2015, do I have to file a COS and have that processed before she goes for H4 stamping? If yes, I think I will have to postpone our travel until COS is processed while she is in US and then go for H4 stamping in India.

Thanks again,
Madhan

Visa, Status are two different things. In your case no need to do anything, leave US on Jan 25th and re enter on valid H4 visa on Feb 25th as planned, I dont see any reason why you need to file a COS or go for H4 stamping.

This is my opinion not legal advice.

[kadkhiq81]

H1B to H4 - Stamping without COS

No..You don't have to apply COS if she decide to go for H4 stamping. She will not be in any status when she is out of country and her new status purely based on what visa she is using at the port of entry.

This is my opinion.

[madhankumar84]

Thanks for your clarifications

[Vara4immhelp]

H1B to H4 - Stamping without COS and expired previous H4

Hi,

I have entered US on Nov 2014 with H4 visa valid till 2017 Apr. Then I got H1b in 2016 lottery and got approved 2017 Jan. I have worked with my employer and now planning to move to H4 as my employer not getting projects. I planning to travel Ind and convert my visa to fresh H4 as my spouse on H1b. So can i go for apply H4 visa and stamping in Ind?? Once i travel back to US on H4 can i look for other employer for my COS H4-H1 is it possible??.Please suggest.

Thanks,
Prasad.