H4 to H1 to H4 toH1

[sriram1972]

I have some peculiar problem.

My wife is on H4 and we want to apply for H1 during this year.
1. Incase if she travels to india(in case of emergency) Can she come back on H4 stamp which she she already got on her passport?
2. Incase if she cannot come on H4, since h1 stamping for new H1s is tough in india...lets say I applied for H4 again and send docs for H4 and lets say she comes back here on H4...after she comes back here on H4.. Can she later revert to H1...

I hope I am clear in my questions. Pls answer ASAP. Thank you very much...

[simran]

I have some peculiar problem.

My wife is on H4 and we want to apply for H1 during this year.
1. Incase if she travels to india(in case of emergency) Can she come back on H4 stamp which she she already got on her passport?
2. Incase if she cannot come on H4, since h1 stamping for new H1s is tough in india...lets say I applied for H4 again and send docs for H4 and lets say she comes back here on H4...after she comes back here on H4.. Can she later revert to H1...

I hope I am clear in my questions. Pls answer ASAP. Thank you very much...

Looks like u wants to avoid H1 stamping, u can file for H4-H1 and on approval ur wife status will get change to H1 if COS H4-H1 is requested. On entering back if she uses H4 then her status will be back to H4. Then again u can file for COS H4-H1. But by doing this, USCIS can raise a RFE since she did gone to india and why didn't she get the H1 stamping done.
Also i found 2-3 instances where a person had a approved H1, but wanted to enter on H4. IO @ POE refused the entry and asked her to go back and come back with H1 stamping. This kind of issues r less but u need to aware of it.