H1 to H4 on spouse H1


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Hello everyone..


I have some questions on H1 to H4 conversion. Please let me know if this is optimal and legal as per rules.


Current Situation:

I am on H1B visa (stamped n passport) which is valid till June 2016 and approved I-140. My wife is on H1B visa till November 2017.  



Convert my spouse visa from H1B to H4 and get her EAD under new H4 EAD rule.


Want to do this..can this be done in this order..?

  1. I apply for my H1B extension under premium processing in January 2016 as its 6 months ahead. And if all goes well, it gets approved in 15 business days or so.
  2. We will be travelling to India in March 2016. My wife will continue working for her employer till then and before leaving to India, she will resign for the job on last day, get all required paper work from her employer. Her employer will not have any problem with this. So, is this OK with other immigration rules?
  3. She will go for H4 visa stamping done in India as dependent on my H1B papers. Can she take new 797 which would be valid for 3 years (Assuming my H1 gets approved for 3 years) so that she could get visa for 3 years? Or should she take the current 797 which is valid till June 2016 only?
  4. As I have visa stamped till June 2016, is it fine at POE if I come back from India in April or May 2016? 
  5. After coming back to US, she will apply for EAD, till when would it be valid or what would be the duration?

Please clarify my questions. Thanks a lot.

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