H1B to H4B to H1B -- Please Advice

[kris405]

I am on my H1B status, I got married in February 2008, and my wife had come to USA on March 15 2008 on H4B. After coming here,
I applied for her H1B from 2 different companies CompanyA and CompanyB (just to be sure she gets the H1).

I submitted all her documents to both the companies. Her H1B got approved from both the companies. The lawyer in CompanyA that
she chose to work, forgot to add her I-94 (on the H4) while applying for H1B. Then the lawyer of Company A had to apply for a
COS (change of status). After the COS got approved.She started working in the month of october 2008, for CompanyA on H1B.
We didnt bother about the H1B that is approved from CompanyB till now because every thing was going well.

Her project with CompanyA ended in January 2009. So the employer of CompanyA now suggested that since there are no projects,
she should change her status back to H4 till she gets a new project. And when she gets a project she can again apply for a
Change of Status back to H1B and get her status back.

He also mentioned that if she gets a project from some other company CompanyC later, That company can hire her on H1B by applying
the Change of Status from H4B to H1B and transfer of H1B from Company A to CompanyC.

I have a question if its possible to regain the H1B status later without falling under the CAP of 65000 H1B's a Year. If she
changes her current status from H1B to H4B.Is there any limit on the time where she can be on H4B befoe she changes here status
back to H1B. Currently her H1B from CompanyA is approved from October 10 2008 to October 9 2011.

I also have another question is there any limit on how many times a person can move from H1B to H4B and vice versa.

I have 3 options at my hand right now. Please suggest me what is the best thing todo right now

1) To Transfer her H1B from CompanyA to some other CompanyC (even though CompanyC does not have any projects for her on hand)
2) To go back to the CompanyB where she has other H1B approved (second H1B)
3) Transfer from the current H1B status to H4 and wait for the project and get back to H1B when she gets the project
(This one looks a safer option but i am not sure if this is possible and if it is possible what are the problems involved in it).
If the CompanyA changes her status from H1B to H4B what would happen with the H1B of CompanyB. Can she go back to CompanyB and
work on their H1B

Also what would be the procedure if she gets a job else where and want to change the employer, what would be the procedure to
apply for H1 transfer and change of status.

[txh1b]

Read the FAQs. There is no status called H4b. Change to H4 now and change back to H1b when you want to. Not subject to cap.

[kris405]

Thanks for the reply. My H1B expired in December 2008 so as my wifes H4B. I have filed an extension for H1B and it has been approved from December 2008 to December 2011. But i did not apply for an extension of my wifes H4B as she was working then. Is it possible for her to goback on H4 now from H1 as it is expired now. Do i need to file an extension for H4 before she can file a change of status from H1b to H4.

[txh1b]

She must be in status (H1b) to be eligible for any change of status or any change from USCIS. You cannot apply for a H4 extension now as the status is not in effect now. Based on your questions, your knowledge of how these things works seem limited. You either need to understand this better by doing more reading on the forum or talk to an attorney.

You need to act fast if the H1b is ending to file for a COS to H4.

Once again, do NOT use H4b. There ain't such a status.