Leave the country on H4 stamping and approved H1b, But come back without new stamp

[pratkansal]

My situation is like I am on H1b Visa. I have a H4 stamp on passport. When I reentered I got a job and I have H1b Approval. I am ready to quit my job. Now If I resign and go back to India immediately and come back to USA using my H4 stamp(since that is the recent), will I be eligible as dependent. Do I need to file for Change of status from H1b to H4 again?

[pratkansal]

Any response will help. me

[jairichi]

My situation is like I am on H1b Visa. I have a H4 stamp on passport. When I reentered I got a job and I have H1b Approval. I am ready to quit my job. Now If I resign and go back to India immediately and come back to USA using my H4 stamp(since that is the recent), will I be eligible as dependent. Do I need to file for Change of status from H1b to H4 again?

As long as your H4 visa is unexpired you can certainly enter US on a H4 visa.

[jairichi]

Any response will help. me

Once you enter US on a H4 visa you do not need to do a change of status from H1B to H4.

[pontevecchio]

The only requirement for you to come back is a H4 visa and proof of valid H1 status of your spouse.. COS is not applicable here.  On the other hand if you file a COS from H1 to H4 and then resign you can wait for approval of the COS. I assume your spouse is in valid H1 status now.