prateekagarwal Posted January 28, 2014 Report Share Posted January 28, 2014 Hi, Scenario is H4 -> H1 -> H4. My wife was on H4 , and started working on H1B since Oct 2013. She has not yet got the H1B stamping. Due to lay off , she has to go back to H4. She also has to go to India in Feb, hence cannot find an employer to transfer her H1 immediately. She wants to travel to India and return on h4 and then search for new job. Original validity of H4 VISA - Jun-2014 Valid H1B VISA - 2016 Travelling to India in Feb 2014 1) Does she need to file change of status to H4 before leaving from US or will it change automatically when re-entering to US ? 2) Is H4 Visa stamping required again since principal h1b applicant has new employer or Old H4 visa will be sufficient ? Any responses will be appreciated. Thanks in advance for your time. Link to comment
jairichi Posted January 28, 2014 Report Share Posted January 28, 2014 Hi, Scenario is H4 -> H1 -> H4. My wife was on H4 , and started working on H1B since Oct 2013. She has not yet got the H1B stamping. Due to lay off , she has to go back to H4. She also has to go to India in Feb, hence cannot find an employer to transfer her H1 immediately. She wants to travel to India and return on h4 and then search for new job. Original validity of H4 VISA - Jun-2014 Valid H1B VISA - 2016 Travelling to India in Feb 2014 1) Does she need to file change of status to H4 before leaving from US or will it change automatically when re-entering to US ? 2) Is H4 Visa stamping required again since principal h1b applicant has new employer or Old H4 visa will be sufficient ? Any responses will be appreciated. Thanks in advance for your time. 1. If she enters US on H4 visa that will be her status and there is no need to apply for COS to H4 unless she is not planning to leave immediately after being laid off by H1B employer. And, since she is being laid off H1B employer has to pay her return ticket to India. Make use of that free ticket. 2. No. But, she needs a copy of your new I797. Link to comment
prateekagarwal Posted January 29, 2014 Author Report Share Posted January 29, 2014 Thank you JaiRichi Link to comment
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