H1 to H4 Change of Status and Entering Back into US

[ashishdeep]

Hi,

My wife is currently on H1 status - she has an approved I797 - not stamped visa.
She has an H4 visa stamped (Valid until August 2016)- as my dependent when she first entered US.

Now we plan to go to India in December and my wife plans to enter back on H4 (Considering her VISA is not stamped in India)
I have 2 questions:

1. Can she enter back on the stamped VISA (H4) without any COS filing? Considering that she will only have H4 stamped.
2. Is a Change of Status required in this case? If Yes , What is the process?

Please let me know.

Ashish

[shervin143]

1. Can she enter back on the stamped VISA (H4) without any COS filing? Considering that she will only have H4 stamped.
>>> Yes.

2. Is a Change of Status required in this case? If Yes , What is the process?
>>> Not required as long as she leave before her current I-94 / H1B status expires.

[ashishdeep]

1. Can she enter back on the stamped VISA (H4) without any COS filing? Considering that she will only have H4 stamped.
>>> Yes.

2. Is a Change of Status required in this case? If Yes , What is the process?
>>> Not required as long as she leave before her current I-94 / H1B status expires.

Hi Shervin,

Thanks for the reply.
In our case where my wife has approved H1 petition, if she goes for stamping and the visa gets rejected, does the petition become null and void. Also if decides to come back on H4, can she start to work on old petition by filing COS or a new petition will be needed.

Ashish

[shervin143]

In our case where my wife has approved H1 petition, if she goes for stamping and the visa gets rejected, does the petition become null and void.
>>> Petition will remain valid unless the consulate sends it back to USCIS to revoke it.

Also if decides to come back on H4, can she start to work on old petition by filing COS or a new petition will be needed.
>>> Filing a COS from H4 to H1B will get you a new petition. If she enters in H4 visa and files a COS, then the old petition is useless anyways since she will be getting a new H1B petition when the COS gets approved.