H4 to H1 status change and resigned the job now

[aerosrinivas]

Dear Sir / Madam.

It would be great if you could advise me for my situation below.

My wife entered US in early 2012 using her H4 visa and in couple of months she got an employment with a company and applied for H4 to H1 status change which got approved.

She was working till 11th of July 2014 and left to India for 2 months’ vacation and resigned her job after that to take care of my new born baby.

As of now she holds a valid H4 visa till Dec 15th 2014, can she enter US now using existing valid H4 visa and not attending any new visa stamping or she has to attend stamping to change her status..

Why this be a problem at the port of entry.? And what proof she has to show for her resignation at the port of Entry.

Please advise me in this regard. Thanks..

[raghvi]

Dear Sir / Madam.

It would be great if you could advise me for my situation below.

My wife entered US in early 2012 using her H4 visa and in couple of months she got an employment with a company and applied for H4 to H1 status change which got approved.

She was working till 11th of July 2014 and left to India for 2 months’ vacation and resigned her job after that to take care of my new born baby.

As of now she holds a valid H4 visa till Dec 15th 2014, can she enter US now using existing valid H4 visa and not attending any new visa stamping or she has to attend stamping to change her status..

Why this be a problem at the port of entry.? And what proof she has to show for her resignation at the port of Entry.

Please advise me in this regard. Thanks..

I dont see any issue with her re entering US on her existing valid H4 visa as long as you are maintaining valid H1 status. Your new born would need a H4 too.

I doubt they will ask her to see proof of her resignation.

This is my opinion not legal advice.

[aerosrinivas]

I dont see any issue with her re entering US on her existing valid H4 visa as long as you are maintaining valid H1 status. Your new born would need a H4 too.

I doubt they will ask her to see proof of her resignation.

This is my opinion not legal advice.

Thanks for your response. I just want to make sure if understand your line "as long as you are maintaining valid H1 status" correctly.

She was working till her vacation time and then left to India during the first week of vacation. (But she never had H1 Visa stamping at all).

And her I797 is valid till Feb 2015.

[raghvi]

Thanks for your response. I just want to make sure if understand your line "as long as you are maintaining valid H1 status" correctly.

She was working till her vacation time and then left to India during the first week of vacation. (But she never had H1 Visa stamping at all).

And her I797 is valid till Feb 2015.

I meant your H1 status. As she is going to use her H4 visa to enter, you need to be in valid H1 status. What she did while on her own H1 is immaterial.

This is my opinion not legal advice.

[aerosrinivas]

I meant your H1 status. As she is going to use her H4 visa to enter, you need to be in valid H1 status. What she did while on her own H1 is immaterial.

This is my opinion not legal advice.

I appreciate your response. Thanks for your help.