Question:

International Travel after H4 to H1 is approved but before the future date?

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Currently my wife is on H4 Visa in USA . She has H4 Visa stamping upto sep 30 2007 . After that My employer filed for my wife's H4 extension along with my H1 extension . She got an I-94 till Sep 30 2010 when H4 is extended .

My wife's another petetion from H4 to H1 is approved on july 7 2008 and is valid from october 1 2008 and got an I-94 till sep 30 2011 .

She is planning to go to india on aug 1st 2008 and return on Sep 15 2008 . As she dont have Visa Stamp she needs to go to US consulate . If she goes for H4 Stamping and return to US on sep 15 with H4 , does the current H1B I-94 becomes invalid ?

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  1. Yes if she goes to the Embassy and gets her H4 re-done with your date of extension her H1B would be invalid. She will need to take her H1B paperwork to the visa interview and get an H1B visa in her passport.

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