My spouse entered USA in Jan 2015 with H4 stamping valid till July 2017.
In Apr 2015 we applied her H1 and got approved to work from Oct 2015. However for personal reasons, she has not worked till date(July 2016)
and her start-up employer never mentioned about running pay roll.
Last month I got my I-140 approved and planning to move her from H1 to H4 EAD. First I need to apply her COS from H1 to H4.
But since there’s no pay roll running, I dont want to risk Change of status denial.
As she has not worked till date and still holds valid H4 stamping, I read somewhere that she can re-enter US on existing H4 stamp.
No need to go consulate for H4 visa.
This nullifies her H1 and gets new I-94 for H4. And I can apply her H4 EAD with new I-94.
But is this suggestible idea? Will she have any problems at Port of Entry. Or any future GC processing etc?
Thanks in advance,