H1B Stamping or not?

chicagouser

New Member
I have been in US for about 4 years on an H1B and my wife has been with me on a stamped H4 for the last year. When she came to US, we started looking for job opportunities for her. One desi company sponsored her H1 which was approved in Jan 2005. Since then, however, they have not been able to place her on projects and she has not received any paystubs.

I am going to school and need to go back to India. I plan to get my F1 stamped in India. My wife shall also accompany me to India. My question is whether she should get an F2 or H1? Going for an H1 is risky since her company wont be able to provide all valid documents for her. Is that true? Additionally, her company person has asked her to not do anything and just return back to US on her current H4 which is valid till June 2006. He says that showing her H1 approval papers at Immigration while coming into US would be enough?!!! I had never heard you could do that! Please help!
 
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