H4to h1 to h4 conversion

Asked almost 2 years ago - Washington, DC

I was in H4 status before and have H4 stamping untill oct 2013. I converted to h1 in April 2012 and currently working in US without H1 stamping. I am planning to convert back to h4, if I do so.. should I get new h4 stamping or can I reuse the same old H4 stamping in my passport while traveling to India.

Additional information

Thank you for the quick response. Has couple more questions
Q1: how many days would it take to convert from h1 to h4, can we do premium processing for that too?
Q2: If I go to India while I am on H1, can my husband apply to h4 while I am in India? and if so, can I come back on H4 ( using the prevous h4 stamping, which is valid untill oct 2013)

Attorney answers (3)

  1. Sergey Basyuk

    Contributor Level 8


    Lawyer agrees

    Answered . Additionally, please keep in mind that once you leave, your husband cannot apply for your change of status to H-4 while you are in India.

    Best regards,

    Sergey Basyuk

  2. F. J. Capriotti III

    Contributor Level 20


    Lawyers agree

    Answered . No need to re-stamp if the H-4 in your passport is good until October 2013 ... just make sure that CBP properly lets you in ... ie: carry proof of your spouse continuing to be in H-1.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more
  3. Christian Schmidt

    Contributor Level 19


    Lawyer agrees

    Answered . You can use your current H-4 visa but should carry copy of your husband's
    H-1B approval notice with you when returning to the US

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