H4-H1-H4 Clarification

[SK2008]

Hi,

My wife came to US on H4 in May,2006. And I am the primary on H1,
changed company in June 2007 and my H1 is valid till June,2010.
That time my company also applied H4 for her, and it is valid till june 2010.

She got H1B in October,2007 and worked till April 2009.

She went to Mexico and got stamped H1B on passport.She travelled to India and returned on H1B in May,2009. Since she is not getting project, she wanted to convert to H4.

What is the procedure?

I saw in some forums that she can travel out of US and return to US on H4.
Is it correct as she travelled to India on H1B. If not what are the other options.

Thanks for your help.

SK2008

 

[ginnu]

Hi,

My wife came to US on H4 in May,2006. And I am the primary on H1,
changed company in June 2007 and my H1 is valid till June,2010.
That time my company also applied H4 for her, and it is valid till june 2010.
---------------------do you mean both of you have Valid H1 and H4 visa stamps in your passports or do you only have only your H1 Transfer and wife H4 extension approval with valid I-94 till 2010?

She got H1B in October,2007 and worked till April 2009.
---------------- her H4 status bacame invalid she started work on H1.

She went to Mexico and got stamped H1B on passport.She travelled to India and returned on H1B in May,2009. Since she is not getting project, she wanted to convert to H4.
What is the procedure?

----------------------- She need to file form I-539 for Change of status from H1 to H4, with valid copy of her Latest I-94(front and back), USCIS fee, copy of her passport pages with H1 visa and page that has Name, DOB, photo and entry stamp pages.
I saw in some forums that she can travel out of US and return to US on H4.
--------------------That is correct. if she has Valid H4 visa then she can go out and enter on H4 status and should get I-94 based on H4 status. if she does not have Valid H4 visa stamp then she can go out and can get H4 visa based on your H1 status.

Is it correct as she travelled to India on H1B.
----------------------for entry to India you dont need to be on H1 H4. H1 or H4 visa are entry to US not for entry to India.

If not what are the other options.
-----------------------file COS with USCIS or go out and get H4 visa stamp and then enter on H4 or if she has valid H4 visa stamp she goes out and at poe show her H4 valid Visa AND your H1 transfer approval notice so that she gets I-94 till your H1 approval notice validity.

Thanks for your help.

SK2008

if she was outof status on H1 or employer not paid her on H1 or kept her on Bench then USCIS may deny H1 to H4 COS. contact your lawyer and explain all the details.