H1B to H4 and vice-versa

[snambu]

Hi Everyone,

 

I am on H1B and current staying in USA. My family of 3 (2 kids with US citizenship) stuck in India due to COVID-19 and June 22nd Executive order. My wife is on H1B (petition expiring Oct 2023) but doesn't have valid visa to travel back. On July 16th, looks like USCIS has emended the EO to allow H4 spouses back to USA. I am planning to apply H4 visa to my wife so that she can travel back early instead of waiting till Dec 31st for executive order to expire. 

Question is, once she is back on h4, can she travel back to Canada or India to get the visa stamping done using H1B petition? Is it safe to do so?

Does my wife's employer need to do anything to convert her from H4 to H1B again and any good options. Appreciate your quick help on this.

Thanks & Regards,

Sri

 

 

[JoeF]

She can't get an H1 visa until the ban is over next year.

The employer of course could file (and would have to pay for) a COS to H1.

[gopalakrishnach]

If H1B is consular approval without I94 then yes she needs to cross border and come backwith visa stamping.

If not no need to go out of usa.

Does my wife's employer need to do anything to convert her from H4 to H1B again and any good options -- they need to submit COS H4 to H1B and get petition approved. They need to do everything not you or your wife.

[snambu]

Thank you all for the help.