Procedure for H1b to H4 conversion in India/US

[dathangairud]

Hello,

Currently me and my wife are in H1b. She last worked in Jun 2015 after which she is at home due to medical reasons. And i missed to convert her visa to H4 status.
Now we are travelling to India for a month, we need to do visa stamping as well. Since my wife isn't working on any project currently, her employer has said that she needs to travel back in H4 of my H1b.

My employer has told that H1 to H4 conversion can be done only within 30 days of last employment else h4 will not be filled.
So i need to file her H4 by my self.

I have been reading thru forums and getting contradicting information.

1)Most of them say i need to file I539 form and submit paystubs and few other docs along with my docs. Since she is not working for last 6 months i dont have any. And it doesnt say whether it is to be filed from US or India.
2)And wife employer suggested that since we are traveling to India I539 form is not needed and she can be filed as H4 dependent lie a new one as i have effective and approved I797a.

I dont know which is valid and how to proceed.

Can you please advise me on the best step. I would atleast like to know what would/should be my starting steps.

Thanks
Thanga

[shervin143]

1)Most of them say i need to file I539 form and submit paystubs and few other docs along with my docs. Since she is not working for last 6 months i dont have any. And it doesnt say whether it is to be filed from US or India.
>>> Well, she is currently out of status on H1B. You cannot file a change of status from H1B to H4 now when she is out of status. The only option that she can try now is to leave U.S and get the H4 visa stamped based on your H1B approval notice and when approved, she can travel back on H4 visa which will put her on H4 status.

2)And wife employer suggested that since we are traveling to India I539 form is not needed and she can be filed as H4 dependent lie a new one as i have effective and approved I797a.
>>> Yes. She need to appear for H4 visa interview at the U.S consulate in India using your H1B approval notice. When approved, she can travel back in H4 visa.