H4->H1(no-job)->H4

[roshanrosareo]

Hi,

My wife was on H4 in US. Then, applied for a H1 as COS(change of status) in 2015. It got picked in lottery. But due to other reasons and birth of a child in US, she couldn't start work. So, that means she is out-of-status now.
I was looking to convert or apply for a new H4 while in US. I am aware that conversion wont be possible since she is out-of-status.

- One option is to leave the country and apply for a new H4 and get back.[This is the option i read everywhere]
- I was looking for any other option, by which she can be on H4 without leaving the country. Can she apply for a new H4 while being in US now, and stay in US with the new H4?

Please help.

[raghvi]

Hi,

My wife was on H4 in US. Then, applied for a H1 as COS(change of status) in 2015. It got picked in lottery. But due to other reasons and birth of a child in US, she couldn't start work. So, that means she is out-of-status now.
I was looking to convert or apply for a new H4 while in US. I am aware that conversion wont be possible since she is out-of-status.

- One option is to leave the country and apply for a new H4 and get back.[This is the option i read everywhere]
- I was looking for any other option, by which she can be on H4 without leaving the country. Can she apply for a new H4 while being in US now, and stay in US with the new H4?

Please help.

I highly doubt that the COS from H1 to H4 will be approved simply because your spouse is out of status currently. During her H1 to H4 COS (using form I539) you would have to provide proof of her maintaining valid H1 status (paystubs etc) since she is not working you would not be able to provide them. Advisable to not let the out of status accumulate further, and to go out of US and re enter on H4 visa.

This is my opinion not legal advice.