H-1 to H-4 and back to H-1. Need advice

[desi_munda]

Hello Everyone,

My wife is currently on H-1 and her H-1 expires on Dec 2009. We are planning for family in 2009. My question is can my wife go to H-4 (change of status) and a year later come back again to H-1? If yes will she be subjected to quota or can use her remaining years of H-1?
Also will it any effect on her pending I-140 if her employer is not cancelling her petition?

Thanks

 

[manwithnoname]

As per the attached memo, time spent on H-4 does not count towards the H-1B time limit. Please read the memo carefully - I think, your wife should be eligible to re-instate the current H-1B.

 

[desi_munda]

Thanks