Reentry to USA during H4 to H1


I have been checking information for the H4 to H1 conversion. But my case is little different and wanted to know what can I expect w.r.t petition approval processing and what needs to be done next.

Current Status: An employer has filed H1B, Regular for my wife in Apr 2015, who is on H4 currently. The petition is under review status

Scenario: We had been to India from May to July end. In this tripe, we had an extension stamping, H1 for me and H4 for my wife and child.

Question1: The approval/denial of this new H1B petition, is it something we just have wait and watch, or something we can atleast guess or expect?

Question2: Assuming the petition gets approved, what will be next steps? I have read online that the I94 submitted is invalid and hence the COS may not happen and needs to be applied again.

Question3: Assuming the petition gets approved, is H1B stamping a mandatory in this scenario? OR is it a SAFE BET to ensure overall case is VALID?

I have been going through lot of online material, but have not found one article which clearly says what can be expected or could be done. And too much of browsing has also confused me.

Thanks in advance!!


Because she left while her h1 was in process, if it gets approved it will be without a COS. So she’ll still be on H4. She will have to go for stamping before starting work.

Does that mean, an amendment for a COS cannot be filed?