H4 to H1b Cos Out of status (Urgent)

[utkarsh144]

Hi,

I came on H1B in March 2012 with my wife and son as dependents. We filed H1B for my wife through desi consultancy in 2013 and it got approved. Now From october, employer searching for project but could not find any project. Now they have filed H1B revocation for her. What could be the option to get her on H4 visa? Planning to go back india and restamped. But in DS-160, there is field like, if you are previously employed or not. What we should select? Employer did not ran payroll. We have given leave application due to personal reason as specified by employer in October 2013 and Jan 2014.

Please help what to do... Really in thanks in advance.

[raghvi]

Hi,

I came on H1B in March 2012 with my wife and son as dependents. We filed H1B for my wife through desi consultancy in 2013 and it got approved. Now From october, employer searching for project but could not find any project. Now they have filed H1B revocation for her. What could be the option to get her on H4 visa? Planning to go back india and restamped. But in DS-160, there is field like, if you are previously employed or not. What we should select? Employer did not ran payroll. We have given leave application due to personal reason as specified by employer in October 2013 and Jan 2014.

Please help what to do... Really in thanks in advance.

Employer should have run payroll. Technically if you were on H1 you were suppose dot be employed so you should answer Yes to that question. Leave application for "personal reasons" is generally not a valid justification for being out of status.

But yes, leaving US, and getting H4 stamped and return on H4 would be the only option.

This is my opinion not legal advice.