Does wife need a new H4 if my H1 changes?

[ajaysharma]

Appreciate your responses to these questions

 

1. I might be switching employer soon and change my H1. My wife is on H4 and will be traveling to India on vacation. Will she need a new H4 visa and stamping or can she keep her existing one as long as its valid (and she carries my new H1 approval papers for e.g.)?

 

2. She has an H1 approved, but it becomes effective only from Oct 1st. USCIS sent a I-94 as well. If she goes to India and returns on H4 before Oct 1st, will it pose a problem? I would imagine that the I-94 is valid from Oct 1st and supersedes whatever I-94 she has at that point.

 

 

[pontevecchio]

1. She can use the existing H4 visa and your H1 approval.

 

2. Their practice has been that it should not matter and the H1 I94 should kick in from October,1.

 

3. That does not preclude her from getting the H1 visa and coming back up to 10 days before the start date.

[ajaysharma]

Thanks Ponte, that was very helpful.

 

Follow up: In the event that my work location is different, there's a chance she cannot take up her job. However, her I-94 and H1 approval begins Oct 1st - does that mean we have to apply for a COS from Oct 1st so that she remains on a H4?