H4 to H1 transfer confused...!! Need Help..!!

[confusedh4]

Hello,

My wife was working for company A on L1B EAD status and then got H1B filed by same employer. She quit that job while on H1B and went back to India for 5 month to take care of some family matters. She has no stamping of H1B since she got her H1B while in the USA.

Now she has joined me back on H4 visa, as I have moved to west coast due to new job and her old emplyer is in East coast. Her H1B is still valid and not cancelled by her old employer.

Question:

1. Can she go back and join her old employer using H1B petition filed by him?
2. Does she need to go back to India for stamping?
3. What paper work should her employer file?

Thanks much for your help..!

 

[great guru]

z

Hello,

My wife was working for company A on L1B EAD status and then got H1B filed by same employer. She quit that job while on H1B and went back to India for 5 month to take care of some family matters. She has no stamping of H1B since she got her H1B while in the USA.

Now she has joined me back on H4 visa, as I have moved to west coast due to new job and her old emplyer is in East coast. Her H1B is still valid and not cancelled by her old employer.

Question:

1. Can she go back and join her old employer using H1B petition filed by him?
She entered US latest by using her H4 visa. She has I 94 card with caveat H4. In this situation she can not start working withher H1 sponser. Either can go out and get H1 stamped and enter US or ask the company attorney to amend it as COS for the approved H1b if it was approved as COS from L1 to H1 (I 94 attached at the bottom of approved H1)
2. Does she need to go back to India for stamping? see above ans3. What paper work should her employer file? see above ans

Thanks much for your help..!