Regarding reuse of unexpired H4

[sashee]

Hi:

I have a situation and would appreciate someone's help.

My wife's H1B got rejected last time when she visited India and I brought her back on H4. After returning she found a job and moved onto H1B.

She's planning to visit India again; If so she has to go for stamping.
My question is if she find any problems again during stamping, can she come back on old yet unexpired (valid till 2013) H4 on her passport? Or I have to start over the H4 processing again?

Please advice; thanks.

Shashi

[shervin143]

It depends on whether the H4 visa gets cancelled when she attend the H1B visa interview or not (That would totally depend on the Visa Officer). If that H4 visa is not cancelled, then she can use that to reenter in H4 status. If it is cancelled, then she will need to apply for the H4 visa again.

[sashee]

Thanks for replying. So how do we check whether it cancelled or not? Is there any time limit within which it gets cancelled? Or we assume while changing status it self it was cancelled? Please let us know; thanks.

[shervin143]

They will stamp "CWOP" across the existing valid visa which means the visa is no longer valid. They might do it when you attend the H1B visa interview.

Thanks for replying. So how do we check whether it cancelled or not? Is there any time limit within which it gets cancelled? Or we assume while changing status it self it was cancelled? Please let us know; thanks.

[sashee]

So if VO doesn't scrap anything on H4, she may very well fly back on it; understood. Thanks for the reply.