unnikannan Posted November 28, 2011 Report Share Posted November 28, 2011 Currently I hold an H4 visa and it is valid till 2015. I got my H1B approved in Oct 2010 through a consultant. I did not change my status to H1B as I was pregnant and had a baby recently. Now I have come to India for a short visit. I wanted to know if I can re-enter US without stamping H1B. Can I enter with my current H4 visa ? If I enter with my H4 visa, will my H1B become invalid afterwards? Also my husband is changing the company. He is not coming to India for stamping now. His visa transfer has been approved. So should I appear for another H4 stamping before going back to US? I appreciate your response Link to comment
pontevecchio Posted November 29, 2011 Report Share Posted November 29, 2011 Your current valid H4 visa remains valid for entry even if he changes jobs as long as you carry his latest H1 approval. If you enter in H1 status you can always find a new H1 sponsor to file your H1 with COS from H4. Link to comment
JoeF Posted November 29, 2011 Report Share Posted November 29, 2011 Your current valid H4 visa remains valid for entry even if he changes jobs as long as you carry his latest H1 approval. If you enter in H1 status you can always find a new H1 sponsor to file your H1 with COS from H4. I think you have a typo there. She can't enter in H1 status unless she starts working for the existing employer. If she enters in H4, a new sponsor can file an H1 for her. Link to comment
tusharvk Posted November 29, 2011 Report Share Posted November 29, 2011 Currently I hold an H4 visa and it is valid till 2015. I got my H1B approved in Oct 2010 through a consultant. I did not change my status to H1B as I was pregnant and had a baby recently. Now I have come to India for a short visit. I wanted to know if I can re-enter US without stamping H1B. Can I enter with my current H4 visa ? If I enter with my H4 visa, will my H1B become invalid afterwards? Also my husband is changing the company. He is not coming to India for stamping now. His visa transfer has been approved. So should I appear for another H4 stamping before going back to US? I appreciate your response A little bit confusing. If you changed your status to h1b, then, you would get a new I94 indicating a COS approval. From a purely technical perspective, you have to do another cos to h4 if you do not plan to work any longer. Now if your h4 is valid, you can reenter with it. Find an employer to do cos to h1b. Link to comment
unnikannan Posted November 30, 2011 Author Report Share Posted November 30, 2011 Thanks everyone for responding! Since I have not applied for COS, I guess my H4 is still valid. So will my approved H1B petition become invalid when I travel on H4 visa? Link to comment
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