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Question

Hi Team, Need your advice. My wife came to US on H4 and got her status changed to H1B in 2019 and her H1B petition is valid until 2022. She had to travel to India in December last year for an emergency and she is now stuck in India due to the visa ban till 31st march (not eligible for dropbox). So, I am planning to apply her H4 since she is eligible for dropbox as a backup so she can travel back to US on H4 and apply for EAD. Currently, she is in India but stopped working and went on leave of absence (loss of pay). My questions are: Scenario 1: If she enters the US on H4, what are her options to go back to H1B ? Can she jump back to her previous H1B if same position is still open for her? If yes, then what are the different options? Scenario 2: If she gets H4 stamped but do not travel to US and remains outside. Can she still go for H1B stamping after a month or two using her approved H1B petition? Will it raise any concerns for the consular that she got H4 a month ago and now she is applying for H1B? Thanks in advance.

User's Location: Cedar knolls, Alabama, United States of America

Category: H1B Visa (Work Visa)