H1B stamping from H4 Visa

**ashish_s** · 17th November 2010, 11:03 PM

I have a valid H4 visa stamped on my passport expires Oct 2011. I also started working this year and got h1b approval notice. I am traveling to India after a month for a very short duration. Do I have to get h1b stamped on my passport or can I travel back on H4 visa as its still valid?

Thanks for your reply.

**nkm-oct23** · 17th November 2010, 11:11 PM

You will have to get an H1 visa stamped. Your I-94 will be issued based on the type of visa you have. If you don't get an H1 visa, you will be admitted under H4 and you won't be able to work. The I-94 issued last determines your status.

**ginnu** · 18th November 2010, 05:12 PM

Originally Posted by ashish_s

I have a valid H4 visa stamped on my passport expires Oct 2011. I also started working this year and got h1b approval notice. I am traveling to India after a month for a very short duration.

Do I have to get h1b stamped on my passport
----- if you want to work on H1 then get H1 Visa stamp and at POE get I-94 based on H1 status. If your spouse is on H1 status and you don't want to work and want to enter on H4 status then no need of new Visa as you have H4 visa stamp.
or
can I travel back on H4 visa as its still valid?
--------------you can if your spouse is on H1 status and if you don't want to work. if you show H4 visa stamp at POE you will get I-94 based on H4 .

Thanks for your reply.

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**immigrationfaq1** · 8th February 2011, 10:44 AM

Under the current immigration law, an alien may remain in the United States with H-1B status for up to six years. For the purpose of this limitation rule, all time previously spent in H-4 and/or L status in the United States will be counted against the six-year limit.