Is H4 Stamping reqd?

[iwantgreencar]

Hi,

I am on H1 . My wife was on H4 Visa Stamped till Oct 2013 using my old Employer A.
on her H1 approved recently valid till 2015(did not go for stamping).

I recently changed my Job and my H1 was approved though Employer B.
Employer B did not file for her H4 as she was already on H1.

Now my Wife is not getting any client project and we may have to change the status back to H4 using my
Current H1(Approval Employer B).

If we go to India some time early 2013 , do my wife need to go for H4 stamping again.
(she has already H4 stamping on her passport valid till Oct 2013).

I know if she is on H1 , since there is a change of status , when we step out of country we need stamping.
but what if she is back in H4 , is stamping required ?

[kabkaba]

It does not matter what status she has while in the US. She does not need a new H4 Visa. She can use the same one to travel to US as long as it is not expired on the day of travel.

If her H1 change of status starts on Oct 1 and she does not want to join (or her employer cannot find a job for her), she must apply for change of status to H4 before Oct 1. She can also void the change of status by leaving the US before Oct 1 and returning in H4 status after Oct 1.

[iwantgreencar]

H4 stamping reqd ?

Her H1 was filed last year. And she is currently on H1.

I did not understand what you mentioned about Oct1 ??


If a person is having a Valid H4 Visa Stamped on passport valid till Oct 2013 ?

I have 2 Questions .

Suppose a person has valid H4 stamping on Passport valid till Oct 2013 .

Can the person avoid stamping , and travel back and show the the H1 approval papers at POE and get into the Country ??

Can the person avoid stamping and travel back and show new H4 approval papers at POE and get into the Country , if there is a H4->H1->H4 in beteween?

Thanks
Ivin

[shervin143]

Her H1 was filed last year. And she is currently on H1.
I did not understand what you mentioned about Oct1 ??
>>> First of all yo mentioned in your question that your wife's H1B was approved recently. And now you have mentioned that it is approved last year. If her H1 was filed and approved last year (effective as of Oct 1st 2011), then how come it is valid until 2015? Did they approved it for 4 years? Usually the H1B is approved only for a max of 3 years. Unless you give proper info while asking questions, certain thing will be assumed and you are not going to get a proper response.

If a person is having a Valid H4 Visa Stamped on passport valid till Oct 2013 ?

I have 2 Questions .

Suppose a person has valid H4 stamping on Passport valid till Oct 2013 .

Can the person avoid stamping , and travel back and show the the H1 approval papers at POE and get into the Country ??
>>> Whose H1B approval notice are you talking about. She can enter in her valid H4 visa by showing your H1B approval notice at the POE. If she does that, her status will be H4 and she cannot work. If she want to work (return back in H1B status), then she will need to get her H1B visa stamped and return back by showing her H1B approval notice at the POE. If she does that, she should work and get paid to maintain her H1B status.

Can the person avoid stamping and travel back and show new H4 approval papers at POE and get into the Country , if there is a H4->H1->H4 in between?
>>> Yes.

[kabkaba]

First of all if her status is H1 and she is not working and not getting paid, she is out of status, then any change of status is not possible within the US. She should either complain to DOL about non-payment or leave the US immediately.

She can use the same existing H4 Visa and your H1 approval notice to return to the US in H4 status.