Traveled on H4, but having approved H1b

[pingalkar]

Hi,
I came to USA in 2012 on H1b with my wife on H4 (with 'X' company name stamped on it), in 2013 I changed company to name 'Y' in USA itself, transferred both visas to 'Y' (not stamped, only got I797). In 2014 my wife applied H1b by company name 'Z' and approved in August 2014. On 1st of October me and my wife traveled to india, there I get H1B visa stamped with company name 'Y' and came back with that visa, but she came back on H4 ('X' company stamp). Now what she suppose to do, as her I-94 getting expired on December 11, 2014 and she want to do a work in US.

[raghvi]

Hi,
I came to USA in 2012 on H1b with my wife on H4 (with 'X' company name stamped on it), in 2013 I changed company to name 'Y' in USA itself, transferred both visas to 'Y' (not stamped, only got I797). In 2014 my wife applied H1b by company name 'Z' and approved in August 2014. On 1st of October me and my wife traveled to india, there I get H1B visa stamped with company name 'Y' and came back with that visa, but she came back on H4 ('X' company stamp). Now what she suppose to do, as her I-94 getting expired on December 11, 2014 and she want to do a work in US.

Was Z's petition filed as COS or Consular process, was it approved with a new I-94? Did you enter before COS start date?

If she is not on H1 right now, wer employer should file a COS request for her in order to change her status from H4 to H1. Once the COS is approved with new I-94 she can work.

This is my opinion not legal advice.

[pingalkar]

Was Z's petition filed as COS or Consular process, was it approved with a new I-94? Did you enter before COS start date?

If she is not on H1 right now, wer employer should file a COS request for her in order to change her status from H4 to H1. Once the COS is approved with new I-94 she can work.

This is my opinion not legal advice.

Company 'Z' filed a COS for her, I am not sure its approved with new I-94 or not, but as i know petition appoved in Aug-2014. We traveled to india on Oct-01,2014 and entered in US on November-03,2014, may be it's after COS start date (I think, normally COS start date is Oct-01 right?).

[pingalkar]

We had a talk with employer, they are ready to file Amendment (or COS) to get her in H1B again, but also they asked me (my organization) to file H4 Extension to get her in valid status.
Can you please tell me whether it is valid to apply H4 Extension and H1B amendment/COS at same time?
Is there any problem to get H1B amendment/COS approved?