h4 to h1 visa stamping-Pls Help !!!

[h4-2-h1victim]

Friends,
I have a unique case,atleast thats what I feel.I came to US on H4 in Sept'03. I applied for a H1B from company Y with premium processing option in early Jan'04. My husband's H1b/my H4 from company X expired in jan'04,so he got the extension approval in march.Also,In march I got my H1B approved from company Y but my attorny lost the visa approval I797B so had to request a duplicate copy, later got my SSN in May'04.

Due to 16July deadline for revalidation,attorny from my husband's company suugested to get H4 stamped as I didnot had any job till that time and didnot want to goto consulate in delhi in case I travel. We sent our papers on July3 for revalidation(my H4/his H1B). Also,I started working on July 6th. Later, I got my passport with H4 stamping after 4-5 weeks.

Problem lies here - we are planning to visit India in nov'04 and want to get my H1B stamped in delhi as I am working now. But,company Y's attorny is saying that by getting H4 stamp during july'04, I indirectly changed my status back from H1 to H4 and my H1 doesnot hold any good and
1) might have trouble while H1B stamping in india due to latestH4 stamping which is recent
2) If I go to india,at consulate they might not be able to pullup records related to my H1B and they might cancel my H1b and keep I797. I would be forced to come back on H4 and apply for H1 afresh.

.Please advice ASAP to help me out
regards,
h4-2-h1victim

 

[talkative]

It's not clear to me that getting a visa stamp (but not having entered US using the new stamp) changes your status. After all, you didn't file a change-of-status from H1 to H4. It definitely sounds possible that applying for a stamp does just that, but try to get Rajiv's opinion on this by scheduling a call. Don't delay it, if it is indeed true, you've been working illegally which is a headache. Don't plan on travelling before resolving this!

~T