Eligibility of H4 to travel who got H1 this year

[kumar_here]

I have few distinct questions and appreciate your knowledgeable responses and elucidations.

1) We are planning to visit India end of this year. I believe since my passport got expired recently and have got new passport here, I guess once I am in India me and my family needs to go for stamping (please confirm)?

2) My wife who is on H4 as of now got her H1 this year and yet to find job. Since she can only have her H1 stamped here once she got at least 3 pay slips, is she eligible travel with me as H4 or how we can go together?

Please let me know if I am not clear to you.

Thanks in advance
Kumar

[contact 01]

1) We are planning to visit India end of this year. I believe since my passport got expired recently and have got new passport here, I guess once I am in India me and my family needs to go for stamping (please confirm)?

If you have a valid H-1B stamping in your old passport and old passport expires also, you have to apply for new passport but you need not go for stamping as you have valid H-1b stamping in your old Passport.
All you have to do is to carry both old passport and new passport whenever you are travelling.

Regarding your family if they have valid H4 stamping in their passports then they also need not go for visa stamping even if they applied for new passport for themselves also

2) My wife who is on H4 as of now got her H1 this year and yet to find job. Since she can only have her H1 stamped here once she got at least 3 pay slips, is she eligible travel with me as H4 or how we can go together?

Since your wife got H1B under change of status that is from H4 to H-1b , she can work automatically from october 1 onwards with her sponsored H-1B employer. For example, If she travels now in the end of october month, then she will be able to take only two pay stubs for H-1B visa stamping. If she does not go for H-1B stamping instead she travels back to US under H4 visa then once she lands in US, she has to file an application for changing the status from h4 to H-1B and after the approval only she can work for the sponsored employer.


Note: This is not a legal advice, please consult an attorney

[cncd1]

I have few distinct questions and appreciate your knowledgeable responses and elucidations.

1) We are planning to visit India end of this year. I believe since my passport got expired recently and have got new passport here, I guess once I am in India me and my family needs to go for stamping (please confirm)?

2) My wife who is on H4 as of now got her H1 this year and yet to find job. Since she can only have her H1 stamped here once she got at least 3 pay slips, is she eligible travel with me as H4 or how we can go together?

Please let me know if I am not clear to you.

Thanks in advance
Kumar

Your wife has a job. She must be getting paid at all times by her employer. If she does not, she needs to file with the DOL.