Unique Situation: H4 to H1 but may not be using H1

[TCSProblem]

Hi ,

I want to apply for H1 for my wife who is currently on H4.
But only thing being we may not use H1 at all if she does not feel
like working.
In this case I have few questions.

1. Will her H4 be still valid and can she continue on to be on H4?
2. Can she apply for H1 once we dont use the first H1 from 2007 , in next year 2008 and work in 2009?
3. Are there any potential risks or situation to be worried about if we do this?

[leifbooger]

1. Will her H4 be still valid and can she continue on to be on H4?
No

2. Can she apply for H1 now next year in 2008?
If she applies now, she can only work in Jan 2008

3. Are there any potential risks or situation to be worried about if we do this?
H1b needs to be in status at all times. He/she needs to be having a job and getting paychecks continuously otherwise she goes out of status.

[TCSProblem]

>>>>>>Thanks for your reply, so you mean to say we have to accept H1? What if we dont file for change of status, in that case wont her H4 be still valid.
Is there a way she can get back to H4 without going for job?Thanks again!