on H1 would like to travel to india to get H4 stamped

[userakr]

Hi all, 

 

I am on H1 right now my I-797 expires Sep 2015. my Visa stamping expired on June 4th 2015, I need to travel to india and in the same time I would like to get H4 stamping done

 

1. Is it suggested 

2. What is the process -  do i need to just fill DS forms take necessary docs and go for stamping or do i need to apply for Change of Status here first

3. or should i go on my H1 get it stamped till Sep 2015 and come back. 

 

please advise 

[satya2k1]

If your spouse is on valid H1 status, then you can go for H4 stamping in India.  That way, it will be quick and you can apply for H4-EAD as soon as you enter the USA.  If you apply for Change of Status in USA, then first your COS has to be approved and then your H4-EAD which might takes 5 to 9 months. 

[JoeF]

If your spouse in in valid H1 status, getting paid according to the H1 rules, AND you are in valid H1 status, getting paid according to the H1 rules, there should not be any problem getting an H4 visa at the consulate.