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-   -   H1 -> H4 COS and H4 stamping question (https://archive.immigrationvoice.org/forum/showthread.php?t=3096339)

ryaneerz 07-07-2015 04:06 PM

H1 -> H4 COS and H4 stamping question
 
My wife was on H4 but converted to H1 and worked for a few months. On her passport, she has the H4 visa stamp till mid 2016.

She has applied for her H4 COS, with the intention of pursuing the EAD. However, we need to travel abroad urgently.

Can she travel out of country now, abandon the COS and be allowed back in on her H4 stamping along with my h1 approval copy?

Thank you!

skrovvidi 07-07-2015 05:35 PM

Yes, she may re-enter on H4. If she re-enters US on a H4 visa, her H1 would be VIOD.

Please consult an Immigration lawyer to confirm.

ramaonline 07-07-2015 10:53 PM

Your spouse can travel and re-enter on H4 visa. On re-entry the status will be H4 which won't allow her to work. You can however apply for her H4 EAD if you are eligible and she can start working again on receipt of the EAD card.

The pending COS I539 petition must be withdrawn. Take infopass appointment - They should help you with the withdrawal process.

advik20 07-07-2015 10:59 PM

H1 Stamping in Mumbai
 
Has anybody got his H1 stamped in Mumbai?

What is the wait time and process?

ryaneerz 07-08-2015 09:39 AM

Thank you for your replies.

Just to confirm... her COS will be abandoned, meaning her status wouldn't have changed from H1 to H4. However, since she has a valid H4 visa stamp on her passport, she will be able to come back on the same and her status also from that point on will be H4?

I'm confused about her "status" vs. "visa stamp".

ramaonline 07-08-2015 07:30 PM

Yes - at port of entry you will be admitted in the "same" status as your valid visa stamp in most cases. So if you have a valid H4 visa stamp, you will be admitted in H4 status which is the status until the time it changes again based on any Change of status petitions.

ryaneerz 07-14-2015 11:43 AM

Thanks for your suggestions!

Wife got her H4 COS approval yesterday from VSC. Good news, so she will be using that for stamping.


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