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  • H4->H1->H4

    Hi,
    My cousin has a H4 stamping on her passport, which is valid untill sometime next year. While she is in the US on H4, applied for H1 and currently working. Now that she wants to go to india for vacation( later this year, and be back before her H4 expires ), she is planning to stamp her H1. In this light she has the following question

    1. If for any reason her H1 is rejected, will she be able to enter US in the H4, which she currently have in her passport?

    2. Can she come back in the current H4 itself without attempting to stamp her H1.

    If the answer to the former is Yes, then the later should also be possible. ***'t it?

    Venkat

  • #2
    Hi,
    She can travel on her H4. But legally speaking, she should get a stamping on her PP for H1b as she has already started working for company. If she wants to travel later to India and decides to get her PP stamped for H1, there might be a problem based on this visit under pretext of H4. I am not sure about cancelling her H4 if she is not issued H1. But obviously, if issued H1, H4 will automatically be cancelled.
    VEENA
    (NOT LEGAL ADVICE)

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