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h4 to H1B and back to h4

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  • h4 to H1B and back to h4

    Hi,
    My situation: My H4 was stamped on 28 Jan 2013. That h4 has validity until Sep 2015.
    I traveled to USA on that h4 during feb 2013 and then did Change of status (COS) to H1b on May 2013. That petition has validity until feb 2014. (H1b was not stamped) But I traveled outside USA on Jan 5 2014 and is still outside.

    Now my question is: Can I use the H4 stamped earlier (which has validity until Sep 2015) to travel back and enter USA or do I need to do a fresh stamping of h4. This question is because: my status changed to H1 when I filed COS to H1b, does that mean my prior 'h4 stamping' has become invalid?

    I am also renewing my passport while I am in India. I hope I can use the h4 stamping on the old passport to get back into US.

  • #2
    Originally posted by Annflower View Post
    Hi,
    My situation: My H4 was stamped on 28 Jan 2013. That h4 has validity until Sep 2015.
    I traveled to USA on that h4 during feb 2013 and then did Change of status (COS) to H1b on May 2013. That petition has validity until feb 2014. (H1b was not stamped) But I traveled outside USA on Jan 5 2014 and is still outside.

    Now my question is: Can I use the H4 stamped earlier (which has validity until Sep 2015) to travel back and enter USA or do I need to do a fresh stamping of h4. This question is because: my status changed to H1 when I filed COS to H1b, does that mean my prior 'h4 stamping' has become invalid?

    I am also renewing my passport while I am in India. I hope I can use the h4 stamping on the old passport to get back into US.
    Status is what you have while in US, outside US you dont have any immigrant/non immigrant status.

    The H4 would be valid and as long its valid you can use it, you would have to carry your spouse's H1 petition copy and associated paperwork (his W-2s/paystubs etc).

    After you enter on H4 in order to work you would have to again file a H4 to h1 COS using the old H1 petition.

    This is my opinion not legal advice.

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