cos h1 to h4..urgent please help


I was on h4,last year i got my h1b approve.i started working from Dec.

But Because of some emergency i have to go India in May for 2 weeks.My husband is on h1 and he has to get his h1stamped.I m thinking to take a break after india trip because of some family situation.and planning to come back on h4. So I have some questions:


1. Do I have to file the change of status from h1 to H4 to come back on H4 since i m going to india in may


2.I read somewhere its ok to not file the change of status because when you go out of US all the status becomes invalid,the one you enter with us is the only valid status.??


3. My husband changed his job June 2012,Since My employer filed my H1b In may2012 my husbands employer never filed my h4.So I dont have any H4 Notice for my stamping in India. is it ok??

I  read here in one of the thread its ok even if i dont have my h4 notice wuth me,because we are going for stamping as family,and my husband will have his h1b petion and other documents with him.



  1. You can return on stamped H-4 visa and no separate COS is required. You will receive an I-94 on your return to US which will mention your status as H-4.

  2. Correct. Refer (1)

  3. Yes, its fine.


This is Swetha, i need some information on which consultancy has filed H1 for you, iam looking for a sponsor, worked in Java for 7yrs, currently iam on H4 and willing for COS to H1, it would be great help if you can provide me that information.