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Old 10-01-2015, 07:54 PM
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bobvisa is on a distinguished road
Default H4 to H1 to H4

Below is My status, can you please suggest your input:

I came to us on Jan 2014 and My H4 visa is valid until Oct 2016(Stamped using my Husbands I797 approval notice)

on Oct 2014, my H1B is approved and i started working the same month. I lost my job on march 2015 and due to some family concerns, i decided to change status back to H4. I applied COS by filling I-539 with all the necessary documents - my pay checks, my husbands documents etc on April 29th 2015. I got my receipt from USCIS and my online status shows "Case was received". I contacted USCIS recently and they said they will open a SR to get my case status as it already took more than their regular processing time. I researched online and looks like COS is taking time. Now i have to travel to india in the month of December.


Below are my questions:

I have a valid VISA stamp (H4) till Oct 2016, Can i travel to india during December and come back in january 2016 without going to stamping again? I'm not sure what my status now will be as i applied for COS and still waiting on the approval.

or

Will i have to go for h4 stamping again even though i have a valid stamp because i changed my status ?

Please suggest. Thanks in advance.
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Old 10-02-2015, 11:31 AM
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Help Please
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Old 11-15-2015, 12:52 AM
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Bumping post
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Old 11-15-2015, 01:25 AM
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I am not an immigration lawyer (which is good because I hate them), but based on your description, you will have to get H-4 visa stamp again.

When you changed to H1 status, the H-4 visa stamp on your passport became invalid. So that visa stamp (even though the validity period has not elapsed) is no longer valid. It is going to be slight discomfort to go for visa stamping, but I think it is necessary.
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Old 11-15-2015, 10:55 AM
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Quote:
Originally Posted by bobvisa View Post
Below are my questions:

I have a valid VISA stamp (H4) till Oct 2016, Can i travel to india during December and come back in january 2016 without going to stamping again? I'm not sure what my status now will be as i applied for COS and still waiting on the approval.

or

Will i have to go for h4 stamping again even though i have a valid stamp because i changed my status ?

Please suggest. Thanks in advance.
Once you leave your current petition for status change will become invalid and you dont have to worry about it.

You dont have to go for H4 stamping again as your H4 is still valid till Oct 2016. In fact you could have just crossed the border to Canada or Mexico and reentered using your H4 instead of filing for H1->H4 status change.
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Old 11-16-2015, 09:01 PM
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Quote:
Originally Posted by wetfeet80 View Post
Once you leave your current petition for status change will become invalid and you dont have to worry about it.

You dont have to go for H4 stamping again as your H4 is still valid till Oct 2016. In fact you could have just crossed the border to Canada or Mexico and reentered using your H4 instead of filing for H1->H4 status change.
Thank you. I contacted an immigration lawyer this morning and he told me the same thing as you said. No need to go for VISA stamping again.
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