Mr

[M Reddy]

My wife came to the USA on a H4 visa 2 years ago when I was working for my previous employer. 

Last year she was picked in the second H1B lottery and her employer filed H1B COS and it got approved 2 months back and she was working now with her employer on H1B (Not went for H1b visa stamping)

but my wife is looking to stop work in the upcoming month and looking to come back to H4 status again from H1B.

Still my wife has a previous h4 visa on passport and it will expire in 2 months (September 3rd). We are traveling to India. Can she enter the USA on a previous H4 Visa which has 2 months validity ? or she needs to go for H4 stamping again in India ?

Edited May 28 by M Reddy
Change in ask

[pontevecchio]

she can do either of the above depending on which is more practical based on the difficulty of getting a visa appointment.

[M Reddy]

On 5/30/2024 at 10:51 AM, pontevecchio said:

she can do either of the above depending on which is more practical based on the difficulty of getting a visa appointment.

So my wife can enter USA by using her previous h4 visa which has 2 months validity right ? 

will my wife get new I-94 till my h1b expiration date or her h4 visa end date ? 

my h1b will expire on Jan 2026. 

[Attorney_20]

She should get validity until January 2026 since she is married to someone with H1B status until that date.

[M Reddy]

 So my wife can enter USA by using her previous h4 visa which has 2 months validity right ? 
 

[Attorney_20]

Yes the visa has 2 months validity but the duration of status she will get upon admission should be the same date on your H1B approval notice.