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  • H1 to H1 COS

    Hello Members
    I have H4 I797A valid till 2025. Meanwhile my H1 COS got approved (H4 to H1). My H1 I797A valid till 2024. I don’t have any of these (H4/H1) visa stamped right now.
    Now I m planning to go to India and come back to US on H4.
    1. Can I use my H4 I797A for stamping? Is it invalid as COS (H4 to H1) was approved ?
    2. Or just my spouse’s I797A is sufficient for my H4 stamping?
    3. What documents should I present for my h4 stamping?
    Please share your inputs!​

  • #2
    1. You are not in H4 status anymore. But this is all irrelevant. Your I-94 is for this stay only. It is irrelevant once you leave the US. Application for a visa is never dependent on what status you had in your past stay.
    2. Yes, your getting an H4 visa is only based on your spouse's H1b petition

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      1. Your H4 I797A is still valid even though your H1 COS was approved. However, keep in mind that if you do decide to go for H4 stamping, it will cancel your H1 status. So, if you plan to continue working on H1, you will need to get it restamped after returning to the US.
      2. Your spouse's I797A can be used as proof of their status, but it doesn't necessarily guarantee your H4 visa approval. You will still need to provide your own documentation to prove your eligibility for H4 status.
      3. For H4 stamping, you will need to provide a few documents, such as your passport, DS-160 confirmation page, visa fee receipt, marriage certificate (to prove your relationship to your spouse), your spouse's I797A, and any other supporting documents that prove your intent to return to your home country after your visit to the US. It's always best to check with your koowspin and echatrandom local US consulate or embassy for a complete list of required documents specific to your country.
      Last edited by BobbyTanomrfp; 07-19-2023, 07:43 AM.

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      • #4
        Thanks a lot for your detailed reply!

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