H1 approved while H4 is in India

[vipinnambiar78]

We live in UAS and I have valid H1b and My wife has got H4 visa. She had to go India due to family emergency few days back. We have applied for H1B and it got approved yesterday- July 28 2015. She is planning to come back on August first week using  H4 visa itself since her H4 visa is valid till sept-30-2015 .  Will this create any issue with her H1b status ? I read about last action rule and it says we are fine since H1b will be effective from October 1 and she is coming back to USA on August first week itself.

 

Or should we file any change of status (COS) after she reaches here  since she is coming back on H4 ?

 

[jairichi]

Since your wife traveled outside U.S the COS part of her H1B petition is considered abandoned. To work for employer from 1st October she needs to enter US with a valid H1B visa & I797 not more than 10 days before H1B start date. If she enters on H4 she cannot start to work for employer until she enters with a valid H1B visa or approval of a new COS petition by employer by paying H1B fee again.