Spouse: H4 to H1 and back to H4

[cool_guy]

Guys,
Need your opinions/suggestions:

Due to retro. I am unable to file 485 for my spouse (currently on H4). One of the consulting co.'s in Chicago is willing to find a placement and sponsor my spouse's H1. So if, everything goes fine, come Oct. 2006 my spouse should be able to work.

But let's say, due to some reasons, after getting H1 she is not able to work, how much time does she have before she goes out of status. Does she have to go back to home country to get a new H4 stamp - if yes, will there be any problems in the home country to get a new H4 stamp. Or is there any way, she can continue to be in the US and apply for H4.

I would appreciate your comments/suggestions; Perhaps some of you might have experienced this situation.

Thanks.

 

[gp111]

Guys,
Need your opinions/suggestions:

Due to retro. I am unable to file 485 for my spouse (currently on H4). One of the consulting co.'s in Chicago is willing to find a placement and sponsor my spouse's H1. So if, everything goes fine, come Oct. 2006 my spouse should be able to work.

But let's say, due to some reasons, after getting H1 she is not able to work, how much time does she have before she goes out of status. Does she have to go back to home country to get a new H4 stamp - if yes, will there be any problems in the home country to get a new H4 stamp. Or is there any way, she can continue to be in the US and apply for H4.

I would appreciate your comments/suggestions; Perhaps some of you might have experienced this situation.

Thanks.

There is no fix timeline but if after H1 approval she does not work / get paid , it will void her H1 status.

To switch back to H4, you can apply "change of status" & need not go home.