Immigration Issues/L1 to H4

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Question
Hi
I'm working on H1-B Visa in US. My wife too is currently working in US on L1-B visa. She also has a valid H4 extension petition which is not stamped as she entered the country through L1 visa.
She intends to quit her current job and stay in US on H4. I want to know if she can continue to stay here on the H4 petition without stamping or she needs to travel back to get her H4 visa stamped and re-enter?

Answer
Hi,

It is not clear if your wife is truly on H4 status; this depends on the "latest action" by the USCIS, which normally means the issuance of an I-94.

Thus, if your wife entered on L1B visa and subsequently her status was changed to H4 so that the USCIS approval notice (Form I-797) had an I-94 attached, then she is currently in H4 status. If she travels outside the U.S. for any reason (note that she is not required to travel in the first place), but if she does travel abroad then she must obtain H4 visa stamp from a U.S. Consulate abroad, since her purpose at time of entry to the U.S. will be to maintain H4 status. She will accordingly as well be issued I-94 at the port-of-entry stating H4 on the I-94.

Regards,
Ajay K. Arora, Esq.
www.H1B1.com

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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