Confusion with H4 Visa transfer

A

amolash

Registered Users (C)
Please help me ASAP.

I switched my job in July and have received my new H1b approval. My wife also received her new H4 approval notice.
She went to India for Diwali festival. To get her new H4 stamped, she went to DROP-BOX service people (VFS team) in Nagpur, Maharashtra. Who denied her initially and asked her to show a copy of my new H1 visa stamped on my passport.

Now they are asking her to go to Mumbai - US consulate for an interview for stamping and are also saying that once she get approved her old H4 remains no longer valid.

When I inquired my lawer here (who aperently has little knowledge og indian drop-box services), said to me that she CAN re-enter into USA on her previous H4 and I do not need to stamp my passport with H1 if I do not intend to leave US.

I am totally confused.

Please help me ASAP.

Thanks, Amol
 
Your lawyer is right. She can enter US with old H4 stamp and new H4 approval notice. A new stamp is not required.
When Mumbai consulate issues new H4 stamp it will definitely supercede old H4.
 
thanx jaxen!
I called INS yesterday and asked an immigration officer who said same thing.. that she can re-enter in USA with her old H4 visa however it is upto the INS inspector at the port of entry to let her in on old H4. She said it would be risky!
My concern is -
if the law says that she can come on old H4 (which expires in Dec 2003), then where is the risk?
 
Some POE inspectors are not good at the head dept...
Find AC21 pdf and take a print out along with...
 
How could a copy of American Competitiveness in the Twenty-First Century Act (AC21) will help her while re-entering into the USA?
I'm asking you (jaxen) this because I found nothing about H4 in AC21. I really appreciate your help!
 
Not the act, but the june 2001 Memo that provides intrepretation. It is available in many immigration sites (isn.org, immihelp).
Read up the section on Admission Procedures for Non-immigrants claiming portability (under VISA Portability section D-AC21 105)
 
Could you please provide the link to that web site? I REALLY APPRECIATE your time. Thanks a million!
 
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