H4-h1-h4

[tom]

I was in H1 with my previous employer and my wife was in H4 and she currently has a valid H4 visa stamping expiring Oct 2008.

I transferred my H1 to a new company and my wife also got a new H1 and she did not go to India for H1 stamping and she started working.

Due to her medical condition she could not continue working. I am going to apply for concurrent processing I-140 & I-485.

1. Does she need to go back to H4 before I start processing I-140 & I-485?
2. Does she need to get stamping for her change of status ?
3. As she has H4 valid from my previous company can she go to Canada and re-enter for a change of status or Does she have to go to India only ?

Thanks,
Tom

[spulimi]

H4-H1 - I-485 Apply

Any reply will help me also

Please give me also some suggestions for same type of scenario

[waitin_toolong]

how long has it been since she stopped working before she did that she should have applied for COS. She is currently yout of status and accruing illegal stay.

She can reenter from Canada but they dont issue a new I-94 so it can be to Bahamas as well

[tom]

She worked from last October and for 6 months and after that she got medical problems. Her employer did not cancel H1 and she is in sick leave. I have also got all medical letters from doctor advising her to take sick leave and letter from employer that she is sick leave.

Q : Must an H-1B alien be working at all times?


As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.


Where can I do stamping India/Canada/Mexico?

[waitin_toolong]

if she has a crrent stamp then she just needs to go out of the country and enter presenting her H4 stamp.

[tom]

She has a current H4 stamp expiring in 2008. But when she filed her COS from H4 to H1, her visa should have expired. Is it not? So she can not make use of the same visa to come back to US. Isn't she need to go out and get a fresh H4 stamping and come back again?

Your answers are very helpful. Thank you very much!

[waitin_toolong]

No her earlier status changed to H1 but the visa if not canceled and still valid in terms of date is not expired