Last year we had applied for my wife's H1B which got
approved in December 2006. But even before we got the approval
we had decided to change the status back to H4 because of
family issues. She has not worked anywhere and have no
pay-stubs.
She has a H4 visa stamped on her passport that
is valid till May 6th 2007. She is now planning to travel
outside US in about 15 to 20 days. She will be outside
country for about 3 months.
Based on my research I think we have following options.
1. Not travel and apply for Change of Status (COS) through
my employer from H1B to H4. Upon approval travel.
2. When she is outside country get H4 stamped before
entering based on my H1B.
3. Do not get anything stamped, just need to make sure
she returns before May 6th 2007 [ That's a valid H4
stamped on passport].
So the questions are :
1. which option is safe and why ?
2. For Option 3 when she comes back on H4 visa that is
stamped on passport do we need to still apply for COS.
3. I am more oriented to take option 2. But, because she
did not work is it safe to do so. Any insight would be
appreciated in this.
-- Rishi
approved in December 2006. But even before we got the approval
we had decided to change the status back to H4 because of
family issues. She has not worked anywhere and have no
pay-stubs.
She has a H4 visa stamped on her passport that
is valid till May 6th 2007. She is now planning to travel
outside US in about 15 to 20 days. She will be outside
country for about 3 months.
Based on my research I think we have following options.
1. Not travel and apply for Change of Status (COS) through
my employer from H1B to H4. Upon approval travel.
2. When she is outside country get H4 stamped before
entering based on my H1B.
3. Do not get anything stamped, just need to make sure
she returns before May 6th 2007 [ That's a valid H4
stamped on passport].
So the questions are :
1. which option is safe and why ?
2. For Option 3 when she comes back on H4 visa that is
stamped on passport do we need to still apply for COS.
3. I am more oriented to take option 2. But, because she
did not work is it safe to do so. Any insight would be
appreciated in this.
-- Rishi