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Posted on 04 Mar 2010
Q.

Change of status from H1B to H4 by travelling abroad

Hello,
I got my H1B successfully transferred to a new employer this week.
My wife has H4 visa stamped on her passport. This H4 stamp is based on my ex-employer's H1, so her H4 visa stamp has name of my ex-employer on it. This H4 is valid till Jan 2012.

Currently, my wife is on H1 status since Oct 1, 2009. My question is, what is the easiest way to bring her status back to H4 ?

1) If she travels abroad, can she show her old unexpired H4 visa stamp at port of entry while returning ?
Please note that her H4 stamp has my ex-employer's name on it. And now I am working for a new h1 employer.

2) Is there any risk involved in using old visa stamp ? I have been told by my manager and HR contact that she would need a new H4 stamp to come back after travelling.

Please advice.

User's Location: Boston, Massachusetts, United States of America
Category: H1B Visa (Work Visa)
Posted on 08 Mar 2010
A.
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Andrew M. Wilson
Immigration Lawyer
Serotte Reich Wilson, LLP
(716) 854-7525

www.srwlawyers.com

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