Staying and traveling on current H4 after H1B approval

[Kumarravuri]

Hello, My wife is currently in US on H4 and her H1b petition is approved this week. Can she travel to india and come back on her current stamped H4 visa legally?

[Attorney_6]

if her intent is to upon her return resume in H1B status then no, she cannot use an H-4 visa to enter the United States and work in H-1B status. H-4 visas are specifically for dependents of H-1B visa holders. They are not intended for employment purposes.

To work in the United States in H-1B status, she would need to obtain an H-1B visa in order to re-enter in H1B.

[Kumarravuri]

On 9/29/2023 at 7:43 AM, Attorney_6 said:

if her intent is to upon her return resume in H1B status then no, she cannot use an H-4 visa to enter the United States and work in H-1B status. H-4 visas are specifically for dependents of H-1B visa holders. They are not intended for employment purposes.

To work in the United States in H-1B status, she would need to obtain an H-1B visa in order to re-enter in H1B.

Thank you so much for the reply. Let me be clear. She don’t want to use her H1b as she has H4 EAD. Just want to know if she can travel to india and enter US on her currently stamped H4 visa.

[Kumarravuri]

Can some one answer?