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Didn't start after H4 to H1 Conversion

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  • Didn't start after H4 to H1 Conversion

    My wife traveled to US in March 2014 on H4 (valid till July 2016) and we filed for H1 in April 2014. Her H1 was approved but she couldn't start working due to health issues.

    We wanted to change her status back to H4 to avoid any issues with being on H1 and not working. So, we filed for Change of Status to H4 in Oct 2014. It was pending for a while and my wife traveled to India in Aug 2015 (while the change of status request was pending).

    A few weeks after she traveled back, USCIS has sent a letter saying her change of status request has been denied since she traveled out of US. Now, is her initial H4 visa valid? If yes, can she travel to US with that visa?

    Please advise. Thanks in advance.

  • #2
    Yes, visa in the passport will remain valid. If the H4 visa will be valid as of the date of her return, then she can use that to re-enter U.S. She will need to carry your latest H1B approval notice.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Originally posted by shervin143 View Post
      Yes, visa in the passport will remain valid. If the H4 visa will be valid as of the date of her return, then she can use that to re-enter U.S. She will need to carry your latest H1B approval notice.
      Thank you.

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