H4 -> H1 -> H4 : First H4 approval yet to expire, do I need to apply for H4 again?

[thx_murthy_forum]

Hello Friends,

I would highly appreciate your help on my situation described below -

Me and my wife both are in US already for last 3+ years.

1. My wife had H4 approval till May 2014 (not stamped but approved H4 I-797 with I-94). She has not traveled outside USA since this time.

2. In Dec 2011 - We applied for her H1B which was approved till Dec 2013. She started working.

3. She wants to go back to H4 from Dec 2012.

Question -

1. Does getting H1B in Dec 2011 invalidates H4? Do we need to apply for fresh H4 now if she already has old H4 approval notice till May 2014 (from # 1 above).

2. Can we apply for H4 by staying within US or she has to travel outside US?

Thanks again for your help.

[krialta]

H1 & H4 are two different types of visa. One would not cancel the other, the H4 petition is still valid she just done COS from H4 to H1. Two options -

1. She could travel out have H4 visa stamping and reenter.

2. File I539 for COS from H1 to H4.

[pontevecchio]

The above post covered it. H4 is not a petition. It is a status.