Is it fine to Visit to India [H4, having H1 petition and SSN]


k_qryguy

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Hi,

My spouse H1 application was picked up last year. I am depicting the chain of events:

1. My spouse H1 application got picked up in lottery,

2. In May 2015 my H1 extension filed on premium and family H4 extension filed on non premium basis,

3. In July 2015, I got my H1 extension approval till July 2017,

4. In July/August 2015 my wife got approved H1 petition valid fron Oct 2015 to Sept 2018,

5. In November 2015 H4 extension was approved(till July 2017),

6. In December 2015, based on H1 approval my wife applied for SSN and got SSN.

7. In December 2015 due to client change H1 amendment was filed which got approved with validity till Dec 2016.

My queries:

1. I understand as there is no COS filed (she is yet start work) so she is in H4 status. Or her status already changed to H1 because she applied for SSN based on her H1 petition? Pls suggest if thats correct.

2. With my H1 amendment validity changed from July 2017 to Dec 2016. Do I need to file amendment for H4 as they have validity till July 2017 (as per H4 extension approval),

3. As my wife has H1 (but not active), SSN - if she travels to India. Can she go for H4 stamping and enter to US back as H4?

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Is there an I94 with the December H1  petition?. The fact is that she worked after coming back in to H4 status is evident. On the other hand if she got a H1 I94 or even an amendment accepted in December, this could be an error by them and will haunt you. At the very least run her situation by the firm of Murthy or any of your choice. Why the interest in H4 now? Is she not getting a H1 visa to return to work?

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