H4 to H1 (return to US)

[Neeraj Taneja]

My wife was on H4 since 2014 in US. Her H1 was applied in this year and it got approved.
She had to travel to India in the month of Sep, H1 was approved by then but was not active.
She will be returning in US in the month of Jan with my 2 year old daughter.

1. Can she come on H4 or it has to be H1 ?
2. If she is coming back on H4, apart from my petition,amendment receipt, visa copies, are there any other docs which need to be carried.

[raghvi]

My wife was on H4 since 2014 in US. Her H1 was applied in this year and it got approved.
She had to travel to India in the month of Sep, H1 was approved by then but was not active.
She will be returning in US in the month of Jan with my 2 year old daughter.

1. Can she come on H4 or it has to be H1 ?
2. If she is coming back on H4, apart from my petition,amendment receipt, visa copies, are there any other docs which need to be carried.

1. Yes she can if she has a valid H4 in passport.

2. Apart from her H4 visa and passport, she has to carry your I797 and recent paystubs, also marriage certificate, child's birth certificate, passport with H4 visa.

This is my opinion not legal advice.