now on H1 but valid H4 Visa - Can I use that to make an entry in USA

[ShrutiA]

Hi,

I was on H4 for some time, and my H4 Visa is stamped till Jan 2012. In 2010, I changed my status from H4 to H1 and am planning to visit India in June. Can I come back on the H4 Visa (which is valid till 2012) or I need to go for H1 stamping again?

Please let me know.

Thanks

[Joe.F]

If you want to continue working, you need to get an H1 visa and use that to enter.

[iamh4toh1]

Hey, But since you have the H1 approval notice. and the same would be reflecting in the SAVE database, will they not approve the i94 as a H1 and allow me to work in US?

like a H1 can go back and come with approval notice and without stamping while with a valid visa from previous employer. cant a h4 to h1 go to home country and come back with a H4 stamped and H1 approval notice?

[iamh4toh1]

but the SAVE database of USCIS should reflect the H1 status and the i94 should be allowed on H1 right?

[Joe.F]

You ALWAYS need a visa to enter.

If you enter using the H4 visa, you would be in H4 status, and could NOT work.

You would have to file a COS to H1, or just get an H1 visa and use that to enter.

Any I-94 you have now becomes invalid once you travel out of the US.

[iamh4toh1]

hi JoeF,

correct me if I am wrong. She is on a H1 status and has the H1 approval notice with her. Its just that the H1 visa is not stamped on her passport.

I understand that when she leaves the States, she would be returning her i94, but while coming back she would have 1) stamped and unexpired H4 Visa on her passport and 2) H1 approval notice which proves her Change Of Status..

so that should be enougth for her to prove her legal status and get i94 with H1 right?

[Joe.F]

Originally posted by iamh4toh1:

hi JoeF,

correct me if I am wrong. She is on a H1 status and has the H1 approval notice with her. Its just that the H1 visa is not stamped on her passport.

I understand that when she leaves the States, she would be returning her i94, but while coming back she would have 1) stamped and unexpired H4 Visa on her passport and 2) H1 approval notice which proves her Change Of Status..

so that should be enougth for her to prove her legal status and get i94 with H1 right?

No. That's wrong.

To get into H1 status, she would have to have an H1 visa and use that to enter.

If she enters with the H4 visa, she is in H4 status, no matter what other H1 paperwork she has.

The H1 petition approval notice does NOT allow her to work if she enters with the H4 visa. The COS is gone once she has traveled out of the US. Once outside the US, a person doesn't have a status.

She would need an H1 visa to enter, or she would have to file a COS to H1 once in the US on H4.