H1 to h4 - travel and stamping without h4 cos approval

[AparnaGarimella]

Hi,

I was on h1 visa before I resigned from my job in the first week of October and applied for h4 as a dependent on my husband's h1 visa. We need to travel to India in December. Can I get my h4 stamped in India without it getting approved before I leave USA?

[jairichi]

Hi,

I was on h1 visa before I resigned from my job in the first week of October and applied for h4 as a dependent on my husband's h1 visa. We need to travel to India in December. Can I get my h4 stamped in India without it getting approved before I leave USA?

Yes, you can

[pontevecchio]

Yes, You can. Nothing called H4 petition approval. H4 is merely a status.

[AparnaGarimella]

Thank you!

[KumarC]

Hi pontevecchio - I have a question on H4 stamping for my wife. She is on H1 but planning to switch it to H4 from Jan. We are going on a vacation in december.She has 4 years left on H1 and she might move back to H1 after an year or two.

 

Is it wise to get H1 stamped and come back and convert to H4 or is it better to get H4 stamped? If she gets H4 stamped, will she need to get a new H1 the next time she wants to convert to H1?

[jairichi]

Hi pontevecchio - I have a question on H4 stamping for my wife. She is on H1 but planning to switch it to H4 from Jan. We are going on a vacation in december.She has 4 years left on H1 and she might move back to H1 after an year or two.

 

Is it wise to get H1 stamped and come back and convert to H4 or is it better to get H4 stamped? If she gets H4 stamped, will she need to get a new H1 the next time she wants to convert to H1?

She can apply for a H4 visa and enter US. In that case her H1B visa will be canceled by consulate. When she applies for a change of status later from H4 to H1B she need not go for stamping to maintain her H1B status provided her change of status is approved.

[pontevecchio]

She can either file a COS to H4 while still in status and then stop work after getting the receipt or she can return with a H4 visa. Both ways are equally effective assuming your H1 status is beyond question with proof. A new sponsor for H1 will need to file a non cap H1 petition in future with COS from H4 or CP and get it approved and then she can work.