H4 re-entry with out a new H1 stamping

[sreekanth_hs]

I need some clarification on re-entering with old H4 Visa Stamping when the new H1 has been approved.

We applied for my wife's H1 through a consulting firm. We got the email from BCIS saying that the H1 has been approved. The start date on the approval is 10/10/2004. The BCIS email also mentions a new I-94 number. In the meantime, my wife has gone to India (with her old H4 visa stamping, valid till March 2005). She is planning to return back to US on Sep 26th 2004.

Can she re-enter the US on her old H4 Visa (as the date of re-entry, September 26th, is still about 15 days away from the new H1 validity start date) or does she have to go to consulate in India and get a new Visa stamping before entering the US on Sep 26th?

If she re-enters with the old H4 and get a new I-94 at the port of re-entry, will the the I-94 issued along with H1 become invalid?

Thanks
Sreekanth

 

[ginnu]

I need some clarification on re-entering with old H4 Visa Stamping when the new H1 has been approved.

We applied for my wife's H1 through a consulting firm. We got the email from BCIS saying that the H1 has been approved. The start date on the approval is 10/10/2004.
The BCIS email also mentions a new I-94 number.
----- I hope she applied Change of status from H4 to H1B and if that is true then her COS was supposed to be abondned if she departed US after filing H4 to H1, talk to your lawyer
In the meantime, my wife has gone to India (with her old H4 visa stamping, valid till March 2005). She is planning to return back to US on Sep 26th 2004.
---- she can enter with valid H4 stamp and will get I-94 as H4 status
Can she re-enter the US on her old H4 Visa (as the date of re-entry, September 26th, is still about 15 days away from the new H1 validity start date)
----YES, if she wants to be on H4 and you are on H1 and then she need to file H4 extension before her I-94 gets expire and she will get I-94 till Sep 26 only
or does she have to go to consulate in India and get a new Visa stamping before entering the US on Sep 26th?
------ if she wants to work then let her get her H1 approval notice and she can get H1 Visa stamp and then enter on H1
If she re-enters with the old H4 and get a new I-94 at the port of re-entry, will the the I-94 issued along with H1 become invalid?
---- YES, she will enter as H4 and that is LAST ACTION
Thanks
Sreekanth