H4 to H1 to H4 - Travel to re-instate H4 visa


kv1234

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Hi All,

I have a unique situation and i need some input:
- I am currently on H1-b visa that is expiring in May 2019. 
- My wife was on H4 visa until march 31st 2017 (visa was applied and approved until May 2019), She was working for consulting firm on EAD (H4 EAD is valid until September 31st 2017). We both travelled to India and got our visas stamped hence my wife’s H4 visa was stamped in India and the stamp is valid until May 2019. 
- On March 31st 2017 the consulting company applied for H1B visa for my wife (under premium processing). Hence she is currently on H1B status, however her project is about to end and she may not continue to work for the employer anymore. 
- I have discussed with my attorney and have been told that since she did not travel post H1B approval her H4 stamp is still considered valid and that she can use that to travel out of the country and re-instate her H4 status (this is the fastest way to re-instate the H4 status). I am also told that she can work on H4 EAD (until it expires i.e. September 31, 2017) only after she has re-instated her H4 status.

Question:
Which is the nearest country that we can travel to to get her I-94 re-instated in the H4 status?
I was thinking Canada or Mexico but then i found out that they do not issue a new I-94 while returning from Canada or Mexico unless you stay more than 30 days. And that you do not even need a US visa stamped on your passport to return from these two countries. Any suggestions would be really appreciated.

Thanks a lot in advance.

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Thanks a lot for the response. 

Based on the response I am assuming that we can go to Canada and return back, however I am still not sure what do i need to do on my return to ensure that they do not automatically do the visa revalidation, and issue a new I-94 under the H4 status?

Also is there a way for us to know that the H4 status has been invoked?

Thanks again for your response and appreciate all the advice.

  

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