H4 EAD rule - Is H1 to H4 COS required or can i go to india and come back on prev H4 stamp ?

USA L1, L2 Visa
1

Hi,

My wife had her h4 stamped before coming to US in Feb 2014 which is valid till Apr 2016.

We applied for her H1 in April 2014 and got it approved in Oct 2014. Now as the H4 EAD rule is coming into affect in May 2015, i thought i would apply for COS from H1 to H4. But as the process would take more than 3 months, i though it would be easier to go to india and come back on the previously stamped H4 which is valid till April 2016 and apply for the I-765 in may.

Please suggest if this approach will have any issues ?

Any response would be greatly appreciated.

Thanks

N.C

2

That idea should work.

In fact she doesnt need to go to India ONLY. She can cross the US border anywhere and enter back(like San Diego, Texas, Canada etc…)

3

Thanks for your response. I really helps.