H4 stamping with active I-797


Sudhasekhar

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Hi MLF,

 

My H1 is valid till March 2017, my wife came to the U.S. on H4 based on my H1, so her H4 also got stamped till March 2017.

 

My wife got H4 converted to H1 after coming here, and her current I-797 is valid till March 2018.

 

My wife wants to travel to India and wants to come back on H4 only.

 

1. Since her old H4 (that got stamped on her passport is still valid (March 2017)), can she skip going to any stamping at all and just travel ?

 

2. Does she still have to go for H4 stamping again based on my current H1 ?

 

3. Will she need to get her H1 stamped since current status is H1  ?

 

4. After coming back into the U.S. on H4, can she still use H1 since the I-797 is valid till March 2018 ?

 

 

thanks

 

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Hi, When are you planning to travel? We are in the same situation. I asked a lawyer and she said the same thing.

I am still not clear how we can convert from H1 to H4 just by traveling out of country.

If you have a valid H4 visa and a copy of spouse's I797 then you can present them at POE and enter US on H4.

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