H1 to H4 and back to H1B

laborpained

Registered Users (C)
Hello everybody,
Your help needed with the following situation
a) I am currently on H1B which expires in Feb. 2003 ( 6yr limit ) have filled for GC hoping that I would get my labor cleared by then.
b) My wife is currenlty on H1B her company terminated her employment by May 11th but the Company attorney said they will not cancel H1B.
c) She has two choices
i) Go and take up a H4B based on my H1B. If she gets a project and an employer ready to do H1B she will change to H1B again. In that case can she join the new company just on the basis of her INS receipt or she will have to wait to have her visa approval come through ?? ANy ideas or suggestions.
ii) A consulting company is ready to do her H1B although she will have to pay the money herself. This way she can continue with her H1B status but the consulting company will not pay her till she gets a project ,howsoever long it may take

Any experience with this situation and any suggestions so as to what should we do ??
 
Answers

(i) She has to wait for her new H1 before she can go back to work while on h4.
(ii) It is not legal.
 
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