Is H1 to H4 COS needed if never traveled on H1B?

[anup0022]

Hi

My wife and I got our H1B petitions approved. I have an immediate requirement to join for my client, while she does not have an immediate requirement. Both of us are currently in India and my wife has never traveled on her H1B.

We are planning to go together with her as a dependent H4 to me. Do we need to apply for a change of status for her from H1B to H4? Since we are both in India, is that really needed?

[shervin143]

No. But she cannot travel with you as a dependent without a valid H4 visa in the passport. If she applies for her H4 visa, then her H1B visa that is stamped in her passport will be cancelled. However, while she is in U.S on H4 status, her employer can file a change of status from H4 to H1B and when that gets approved, she can work.