H4-h4??

[insinfo21]

my wife entered on h4 and then applied for h1 ( almost a yr back ) through a company and got approved and even got SSN. but she did not worked for the company and prefered to stay back on H4. we are in dilemma weather she is on H1 or H4. ? as she hasn't worked and do not have H1 stamping, Is she still on H4??

 

[jaxen]

H1 and out of status...

When she got the h1 approval, the H4 was no longer valid. If she did not get paid, she might be out of status. The new I94 that came with the h1 approval is the root of the problem.

Easiest way is to go out of US come back in H4 with a new I94. If asked whether she had taken up any employment in US she can say that she did not although she got a H1 (if it is a honest answer) . The officer at POE might ask you to surrender the H1.

I think this is same as sending a letter to INS saying that you are cancelling the H4 to h1 and want to be back on H4.