H4 to H1B and back to H4 - Travel and Status Confusion

M

madash

New Member
Hi everyone,

I'm trying to figure out the best way forward for my wife's immigration status and could use some advice from the community. Here's a quick timeline:

  • April 2023: We entered the U.S. on H1B (me) and H4 (my wife).
  • May 2024: Our H1B/H4 visas and I-94s were set to expire. We filed for an extension in the U.S. and it was approved until October 2026.
  • June 2024: We both went to India and got our passports stamped with new H1B and H4 visas, valid until October 2026.
  • July 2024: Me on H1 and My wife returned to the U.S. on her valid H4 visa.
  • February 2025: She was picked in the second H1B lottery, and her H1B status became active on Feb 15, 2025. She started working on H1B.
  • May 20, 2025: She was unfortunately laid off.
  • June 10, 2025: To be safe, she filed a Change of Status (COS) application from H1B back to H4, staying within the 60-day grace period. We have the receipt number, and the application is pending.
  • July 20, 2025: She traveled to India.
Now, we are planning for her to re-enter the U.S. in October 2025.

My question is: Can she enter the U.S. using her existing, valid H4 visa stamp? Or does the pending Change of Status application mean she needs to go for new visa stamping?

Any insights or similar experiences would be greatly appreciated! Thanks in advance.
 
My opinion is that she can use her existing H4 visa, since that H4 visa was based on your H1b, and you are still on the same H1b, so the circumstances that she got the H4 for still apply.
 
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