No app needed for H1B to H4 w/ valid H4 visa?

[vpats]

I consulted an attorney for COS for my wife from H1B to H4 with her H4 visa stamp still valid. Here's what I got, please provide your response:

"Since she has valid H4 stamp, her status will automatically be H4 when she stops working on H1B. So there is no need to apply for anything"

Does anybody think otherwise? I am skeptical about this response. If this is true, then it might be good news for those with valid H4 visa

Thanks

 

[great guru]

z

I consulted an attorney for COS for my wife from H1B to H4 with her H4 visa stamp still valid. Here's what I got, please provide your response:

"Since she has valid H4 stamp, her status will automatically be H4 when she stops working on H1B. So there is no need to apply for anything"

Visa stamp in the pass port does not guarentee any status while you are in different status. Staus is dictated by I 94 each time you change the status.

When your wife changed her status from H4 to H1 she got I 94 with caveat H1 (or at the bottom of H1 approval notice) this changed her status - on top of it she was working with h1.

In order to change her status from h1 to H4 she must apply COS petition to USCIS, otherwise she will be considered as h1 without paystub. (Staying like this will considered as out of status).

Check the attorney's qualification and state license - may be a fake attorney.
Does anybody think otherwise? I am skeptical about this response. If this is true, then it might be good news for those with valid H4 visa

Thanks