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View Full Version : H4 to H1 Visa


sowndarr
04-11-2014, 02:40 PM
Hi,

I'm working in H1 visa.
My wife was on H4 visa (her passport have it stamped with H4 valid till Sep 2015) .
She applied for H1 visa in 2013. Her H1 visa was approved on Oct2013. As we are looking for job where I'm working, she didn't got any job. Now we want to go to india in May.
As she is having H4 stamping in her passport, Is that valid? Does she go to india and come back with out goes for stamping?

Thanks in advance,

krishmunn
04-12-2014, 10:09 AM
A classic case of H1 abuse .... and people wonder why H1 is exhausted in 5 days.

OP, your wife is in deep trouble . She HAS a job , else she cannot be on H1. Someone must have applied for her H1 and that is her employer. She must be paid from October 2013 till now by that employer .

She can technically use her existing H4 stamp to re-enter US on H4 status but with increased vigilence, I will not be suprised if USCIS/CBP finds out that she was out of status for over 6 months.