URGENT- h1 terminated- previous h4 still valid

[bluelions]

I came to US on h4 and in Oct 2013 converted to h1B. On november 19th, my employer decided to terminate my employment without giving me a notice and has applied to the USCIS to revoke my h1 visa. So as of now I am out of status. But my h4 is still valid until Aug 2014.
Do I have to file COS? I had planned to travel to my country on 6th Dec. Will my previous h4 be valid to re enter the country since it still has not expired or do i have to get it stamped again?

One attorney who had filed my h1 stated that I have to get the h4 restamped and in the DS160 form, declare that my visa has been revoked.
My husbands attorney however said that I neednt get it stamped since i already have a H4 and I should not declare it to the USCIS because it wasnt them who revoked it, but it is in process due to termination of employment.

This is confusing to me. My employer has not given me a valid ticket or even an offer to book my ticket/reimbursement. Do i have to leave the country immediately?


Thank you

[peace999]

Once you are terminated, technically, you are out of status. And once you are out of status , you cannot
file a change of status. And there is no well defined grace period by USCIS during which you can do this after termination.
There are reports of USCIS discretion in favour of applicant changing status, when the out of status period is very short but again nothing is well defined.

So, t he best option would be to leave US and re-enter on your valid H-4.
You do not need another stamping. You can use it to enter but H-4 being contingent on a valid H-1 status, your spouse must be
working on H-1 at the time you enter. They can check your spouse's petition at POE. Carry a copy with you.