Issues in approving H1 from H4 while outside US

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binoypthomas

Registered Users (C)
This is my friend's wife's situation.

She was in H4 and got her H1 approval during 2005 Jan while she was in India. She came back to US in H4-visa itself during March 2005 and started working in H1 after getting SSN. Now she was planning to get her stamping in Canada and came to know that she will get rejected if she go for it. They just came to know that it is illegal to be outside country while H1 is approved from H4 and came back with out getting it stamped. They were totally unaware of this.

What are the options they can go for..?. He also spoke with sheela murthy over the phone and is saying to go outside US in H4 and come back after getting it stamped so that H1 will get cancelled and can continue in H4. But she is not confident too in this solution. One other attorney told to inform INS that it was a innocent mistake that was not known by us.

Please let me if any of you have gone through this situation and has any suugestions.

Thanks in advance,
Binoy.
 
binoypthomas said:
This is my friend's wife's situation.

She was in H4 and got her H1 approval during 2005 Jan while she was in India. She came back to US in H4-visa itself during March 2005 and started working in H1 after getting SSN. Now she was planning to get her stamping in Canada and came to know that she will get rejected if she go for it. They just came to know that it is illegal to be outside country while H1 is approved from H4 and came back with out getting it stamped. They were totally unaware of this.
------------------She entered on H4 status and the work was unauthorized.

What are the options they can go for..?. He also spoke with sheela murthy over the phone and is saying to go outside US in H4 and come back after getting it stamped so that H1 will get cancelled and can continue in H4. But she is not confident too in this solution.
--go for second openion from any good lawyer. I know about a similar case that was handled by NYC Lawyer Cyrus Mehta (www.cyrusmehta.com) He has also office in Bombay
One other attorney told to inform INS that it was a innocent mistake that was not known by us.
-----------that is not going to work
Please let me if any of you have gone through this situation and has any suugestions.

Thanks in advance,
Binoy.
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