Trave to India - Change of Status H1B to H4

[pratik_mehta]

I have question regarding below case, we are planning to visit India in Nov 25, 2015 to Jan 7,2016.

My wife project was ended in Aug, 12 2015 and she has 4 month pay stub. Her H1B petition valid till December, 31 2015. She came first time in US on H4 and has H4 visa stampped in passport till Sep 30, 2016.


1) If we wouln't apply for H1B extension then her H1B get terminated and then she would gets converted to H4.

Do we need to apply for change of status form I-539 ?

2) She has valid H4 visa stampped in passport till 2016 so she can travel back to USA or she needs to be go for visa stmaping again in India ?

3) If Once she arrived to US on H4 then she could be apply for H1B Extension/H1B transfer when she gets the Job based on past H1B with paystub and change status back to H4 to H1B.

So our main fear is to avoid go for visa stamping on H1B. If she required H4 stamping again since I had changed my job on H1B so she would get easily got stamped on H4.

 

Thanks in Advance!!

[jairichi]

1. First, is she being paid from August 12th 2015? If the answer is yes she is fine and she can file for COS. If the answer is no then she is out of status and she cannot file COS.

2. She can use the valid H4 visa to enter US.

3. Employer can file a COS H1B petition and on approval she can work.

 

Your change of job has nothing to do with her current valid H4 visa.