Information Needed on H4 to H1b

[varun1985]

Hi,

My wife is currently on H4 and she recently got her H1b petition approved. Is it fine if she travel back to India in September and come back in September without going for the H1b stamping.

Do we have to re apply for the petition with the new I94?

Please let me me know asap.

Thanks.

[pontevecchio]

Why is the visa a problem? Have her get the visa and return. You certainly did not apply for the H1. What does the Employer say?

[CCR]

depends on if she wants to work or come back as H4 dependent when she returns. if work then she def needs to go for the visa; if not then the valid H4 would suffice....