Change Of Status (COS) from H1 to H4...already stamped with H4


Recommended Posts


My wife came to US with a H4 visa valid till Dec 2011. She got a job 2 months bk and she did a change of status from H4 to H1.

She wants to resign the job now. So she can apply for COS from H1 back to H4. But she is visiting India in a month and COS would not be done by then.

1) If she resigns the job before she goes to India, and enter back to US with the original valid H4 stamping, is she automatically converted to H4 status?

2) In such a case, do we need COS from h1 to H4.

3) Is entering back with original H4 stamping legal?

Thanks much for your help !!

Link to comment

In general, unless the original H4 visa in the passport has been cancelled or voided, then one can use it to reenter the US and they can be eligible to legally be admitted into the US in H4 nonimmigrant status. If this is done then no further application needs to be made for a change of status with the US.

Please consult directly with a qualified immigration attorney to discuss your case in detail and determine a customized course of action.

Link to comment
  • 5 months later...

Hey even i have the same issue.

What was the solution? Could she go and come back from India safely?

I came to US with h4. and then my husband got his h1 transferred with him even I got new h4 I-797 with new I-94. H4 stamping is expired in my passport.

and then this year jan i applied for H1, then I started working. now I am planning to visit India and come back on H4 Visa. I dont have enough time to COS to H4. So is it possible for me to go back to India and get stamped for H4 visa.

Link to comment


This topic is now archived and is closed to further replies.