H4 to H1 to H4 again. Stamping required ?

[khushboo143]

Hello,

I went to India last year and got H-4 stamped in in September 2014. I came back to USA and had my H-1 started in Oct 2014. So I was automatically transferred to H1 status. I am currently back in India from march 2015 and have now decided to go back to H-4.

**My husband employer is still same H1 b that I applied for H-4 initially

- Do I have to go back for H-4 visa stamping as i already have a valid H-4 visa valid till Oct 2016 on my passport ? Will I face any issues while traveling back to USA ?

- Assuming I don't have to go for stamping will I get a new I-94 number. Checking on this because I submitted I-94 stub on I797 of H1 while leaving USA ?

- I am eligible to apply for H-4 EAD law coming this May. Will any of these changes risk my application approval?

[raghvi]

Hello,

I went to India last year and got H-4 stamped in in September 2014. I came back to USA and had my H-1 started in Oct 2014. So I was automatically transferred to H1 status. I am currently back in India from march 2015 and have now decided to go back to H-4.

**My husband employer is still same H1 b that I applied for H-4 initially

- Do I have to go back for H-4 visa stamping as i already have a valid H-4 visa valid till Oct 2016 on my passport ? Will I face any issues while traveling back to USA ?

- Assuming I don't have to go for stamping will I get a new I-94 number. Checking on this because I submitted I-94 stub on I797 of H1 while leaving USA ?

- I am eligible to apply for H-4 EAD law coming this May. Will any of these changes risk my application approval?

- You need not go for H4 stamping. I dont see any issue in you return back to US on H4 as long as your spouse is maintaining valid H1.
-Yes you will get new I-94 number upon return. They have done away with paper I-94 so it would be electronic.
- H4 EAD is for those who have Either already completed 6 Years in US OR, for those whose i140 has been approved. At what stage is yours/yoru spouse's GC in?

This is my opinion not legal advice.