H4 - H1 - H4 ...Please help

[mgm11]

My wife was on H4 valid till 2011. She recently got her H1 approved (cos) and today her employer has taken the offer back and threatens to cancel the H1.

Can you please tell he how do I transfer her status back to H4? I don't have any H1 approval document - employer didn't give it to my wife and said that he will not give the H1 documents unless she gives a letter saying she will not join the job in the company. I just want that she stays in valid h4 status. Please let me know how I can transfer status back to H4. Please note that her H4 and i-94 are already valid till 2011.

Looking forward to your reply.

[txh1b]

Best and safest way is to travel and return on H4 immediately. Do not accumulate out of status period on H1b.

[mgm11]

Hi TxH1b,

I have a follow-up question. I had asked this earlier but wanted to confirm. She found a project but the current employer is hell bent on cancelling her H1. Can she transfer her H1 to another company even though her H1 has just started on 1st Oct 2009 and she doesn;t have any payslips? Can she work for the new employer while her this H1 transfer application is in progress?

Pls let me know.

[txh1b]

She can try for a transfer in premium processing but as she is out of status, it may/may not get approved. She working for new employer using H1b portability is risky as a denial of EOS would put that period of work in illegal employment but she can try using PP and get the answer in 10 days.

In the past, CIS would approve a transfer within the first week or two without a pay stub. But they have not been so easy these days.

[mgm11]

Thanks - appreciate it!