H1 stamping

[mrnnmr]

I have married a GC holder and came to US on visitor visa in Apr 2005, got converted to H1 after 6 months (Oct 2005) and had been working since then till Nov 2007. I was on maternity leave since Nov2007 till Jan 2008. I discontinued working since Feb 2008 till date. Now i would like to visit India. My passport is currently not stamped with my H1.I plan to work again and get latest pay slips for 3-4 weeks and take a chance and go to India for stamping.Can someone please tell me what are the risks?

Also my current H1( I -97 /94... not sure on the no) is valid till Jun2009.Suppose i go to India now, and my stamping gets rejected can i apply for new H1for 2009 in early 2009.I understand that we will be eligible to work in Oct 2009 for H1's got in the year 2009. But we need to apply for H1 sometime before 2009 April.In my case since my current H1 is still valid till Jun2009 is there a possiblility that i can get new H1 for 2009 and come back in 2009 Oct to US?

When we checked with attorney i was said that i am currently out of status but not illegal by not working.I need to wait for another 2 yrs for my husband to get his US citizen by when i will get EAD and be able to go to India. But i want to visit sooner and take a chance.


Can someone please advice with your thought/opinions?

[txh1b]

You are out of status like the attorney said. What is the point of applying for a new H1b? That does not erase your out of status period anyway.

You need to be working and getting paid all the time. That is the solution. VO could ask for W2 and tax returns to verify your H1b status and deny your visa.