QUESTION

Currently on H1 can I use old h4 valid visa stamp to re enter US

Asked on Feb 15th, 2025 on Immigration - North Carolina
More details to this question:
I was on H4 till Oct 2024. I got my H1B approved on Oct 2024. I had to travel out of country for an emergency now. I dont have a H1B visa stamp. I have a valid H4 visa stamp valid till Oct 2025. Can I use the H4 visa stamp to re-enter US? if so what will my status be upon entry.
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
A H-4 visa only allows reentry as H-4, not H-1B. Your spouse of course must still be maintaining H-1B status. If you use the H-4 visa for reentry, you will be admitted as H-4 and will not have the authorization to work under your H-1B visa status. I suggest that you rethink your strategy and if you are making this trip, arrange an appointment with the American consulate or embassy to apply for the H-1B visa. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Mar 16th, 2025 at 2:52 PM

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