Question on validity of H4

[nitu]

Hi all,

If somebody has h4 valid until Dec 07. They applied for H1 and got it. Now If that person travels to India in April, can she come back to US without going to the embassy for H1 stamping. If she comes back on the valid H4, will the new H1 get cancelled. Question is, basically if a person gets H1 and has a valid H4 stamped on her passport, getting H1, does it mean that the existing H4 gets cancelled automatically once she gets her new H1.

--Nitu

[Subramanya]

H1 and H4 issues

If somebody has h4 valid until Dec 07. They applied for H1 and got it. Now If that person travels to India in April, can she come back to US without going to the embassy for H1 stamping. If she comes back on the valid H4, will the new H1 get cancelled.

---- If the person comes back on H4, at the POE they will be issued a I-94 for H4 and the status will remain H4 while in the US

Question is, basically if a person gets H1 and has a valid H4 stamped on her passport, getting H1, does it mean that the existing H4 gets cancelled automatically once she gets her new H1.

---- If you are in the US and get a H1 by means of COS from H4 to H1 you get a I-94 attached to the H1 approval notice (under ideal circumstances)

---- If you do not get a I-94 you have to leave the country, get a H1 Visa issued and affixed on the Passport ata US Consulate and then return to US witha valid and unexpired Visa

---- Normally the last action of the USCIS determines the sattus of a person. If a H1 issued the the sattus is H1 (subject to having an I-94 with the approval notice)

Subramanya