Spouse H4 changed to H1, using H4 visa to travel outside US and get back

[deej]

Hi,
My spouse's H1 got approved and an I94 is attached to the H1 approval. So i assume her status will be changed to H1 from Oct1st,2006.
1) If she travels out of USA in Oct or Nov, can she return with her existing H4 visa.
2) If she uses H4 visa, what will her status be when she gets back into USA
3) If there is a change of status to H4 in step 2, does it jeopardize her H1 status,
a) i mean can she work on the approved H1
b) will it affect any h1 transfers in future or h1 extension

thanks,
Deej

 

[subramanya]

H4 Issues

My spouse's H1 got approved and an I94 is attached to the H1 approval. So i assume her status will be changed to H1 from Oct1st,2006.
1) If she travels out of USA in Oct or Nov, can she return with her existing H4 visa.

---- She may be able to return on a valid H4 visa, but the I-94 issued at the POE will bear H4 and not H1. As such H4 will be invalid as she already has a COS

2) If she uses H4 visa, what will her status be when she gets back into USA

----- H4

3) If there is a change of status to H4 in step 2, does it jeopardize her H1 status,
a) i mean can she work on the approved H1

---- NO, she may not be able to work, unless she has a H1 visa stamped on the Passport and returns to US with a fresh I-94 from teh POE

b) will it affect any h1 transfers in future or h1 extension

---- It does not affect any transfers or extensions but it is recorded

All the information provided above is true as per my knowledge. If there are contrary views to the above I shall also learn the same

Subramanya