H4->H1->H4 (URGENT help needed!)

[atmaram]

Hello all:

Here is our current situation:

1) My wife was on H4 (H4 visa stamp and I-94 valid till Jan 2006)

2) Changed status from H4 to H1, received H1 approval with new I-94 valid till Oct 2007 and started work with her employer on 1st Oct 2004.

3) She hasn't gone out of the country yet, so no H1 visa stamp in her passport.


Here are my questions:

1) If her company is not paying her the full salary stated on her H1 LCA, does it make sense in the long run (i.e. her GC through me in the future) to continue on this job? In other words is she already in danger of being out of status with her lesser pay rate?

I guess that her pay stubs will attract negative attention at a US consulate if and when she applies for an H1 visa stamp. So I'm thinking going out of the country may be a risk too.


2) If she quits (or gets laid-off) next week, what are her options to go back to H4 visa?

I) simply go out of the country to Canada/Mexiaco and come back on the still valid H4 visa?

II) file change of status application from H1 to H4 with USCIS, get H4 approval and then go out of the country and come back, a) on the existing H4 visa, OR b) on a freshly applied H4 visa?



Any feedback will be much appreciated!
Many thanks!
-a

 

[bhand11683]

) My wife was on H4 (H4 visa stamp and I-94 valid till Jan 2006)

2) Changed status from H4 to H1, received H1 approval with new I-94 valid till Oct 2007 and started work with her employer on 1st Oct 2004.

3) She hasn't gone out of the country yet, so no H1 visa stamp in her passport.

-- Does not matter, her status is still H-1B

Here are my questions:

1) If her company is not paying her the full salary stated on her H1 LCA, does it make sense in the long run (i.e. her GC through me in the future) to continue on this job? In other words is she already in danger of being out of status with her lesser pay rate?

I guess that her pay stubs will attract negative attention at a US consulate if and when she applies for an H1 visa stamp. So I'm thinking going out of the country may be a risk too.

-- It may be cause trouble while going for H1-B stamping


2) If she quits (or gets laid-off) next week, what are her options to go back to H4 visa?

-- has to file COS again from h1 to H-4

I) simply go out of the country to Canada/Mexiaco and come back on the still valid H4 visa?

Nope , that status is not valid anymore

II) file change of status application from H1 to H4 with USCIS, get H4 approval and then go out of the country and come back, a) on the existing H4 visa, OR b) on a freshly applied H4 visa?

---COS is safest from H1 to H-4

 

[atmaram]

) My wife was on H4 (H4 visa stamp and I-94 valid till Jan 2006)

2) Changed status from H4 to H1, received H1 approval with new I-94 valid till Oct 2007 and started work with her employer on 1st Oct 2004.

3) She hasn't gone out of the country yet, so no H1 visa stamp in her passport.

-- Does not matter, her status is still H-1B

Here are my questions:

1) If her company is not paying her the full salary stated on her H1 LCA, does it make sense in the long run (i.e. her GC through me in the future) to continue on this job? In other words is she already in danger of being out of status with her lesser pay rate?

I guess that her pay stubs will attract negative attention at a US consulate if and when she applies for an H1 visa stamp. So I'm thinking going out of the country may be a risk too.

-- It may be cause trouble while going for H1-B stamping


2) If she quits (or gets laid-off) next week, what are her options to go back to H4 visa?

-- has to file COS again from h1 to H-4

I) simply go out of the country to Canada/Mexiaco and come back on the still valid H4 visa?

Nope , that status is not valid anymore

II) file change of status application from H1 to H4 with USCIS, get H4 approval and then go out of the country and come back, a) on the existing H4 visa, OR b) on a freshly applied H4 visa?

---COS is safest from H1 to H-4

Thank you for the answer.
Does anyone know if she files COS from H1 -> H4 and it is approved, can she still use her old unexpired H4 visa that was stamped in the passport before she applied for H1?