H1 to H4

[techtech51]

Just 2 days short, my wife got a H1 approval notice. Before this she was trying for a job for about 4 months on a H4 and she couldn't get through.

Now that her H1B is approved we are not willing to go ahead.

What can be done? If we applied for H1 to H4 change of status what are the problems. Will she get an approval?

I have heard that USCIS queries for pay stubs, in which case we wouldn't be able to produce.

Thanks in Advance for the help.

[shervin143]

The best option is to leave the country and return back in H4 visa which will put her back into H4 status. Make sure she returns all her I-94s when she leaves the country.

[techtech51]

The best option is to leave the country and return back in H4 visa which will put her back into H4 status. Make sure she returns all her I-94s when she leaves the country.

Thank You!

Should we have to got to stamping. She got an i 797 form which has an I 94 attached to it? Do you think they would ask for it? Also H1B is approved on 2/25/2012.

We have stamping until October. Please suggest

[shervin143]

Should we have to got to stamping.
>>> If she has got a valid H4 visa stamped in her passport (should be valid as of the date of re-entry) then she can use that along with your (primary H1B holder's) latest I-797 to re-enter.

She got an i 797 form which has an I 94 attached to it? Do you think they would ask for it?
>>> No. All the I-94s should be return when she leaves the country. Otherwise proper exist records will be not be registered.