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Can we have previous H4 active after the H1 approval ? Need help on the best way

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  • Can we have previous H4 active after the H1 approval ? Need help on the best way

    Hello team,
    I am having a doubt and so want to place my question in this forum. Can you please help me to figure out the best way to convert H1B to H4. Here my situation are as below:
    My wife came into US in Jul 2015 with h4 visa and then extension was filed around May 2017. It got approved and we received the H4 approval status, which is valid till Nov, 2019. Now we initiated a new H1B with a consultancy and that got picked up in lottery and approved and was active from Oct 1, 2017 to Jun, 2020. From October 2017 to till date, she didn't get a job and for some personal reason, my wife again wants to go back with H4 visa. What I learnt from different forum is, either she needs to go abroad and has to entry into US by fresh H4 visa (me, the spouse have valid H1b visa) or we need to apply for a COS.

    My question is can I apply for a extension on her previous H4, which was valid till 2019. or, if you say, that is void after the H1B is approved, then what is the optimal way, she can stay in US and without travelling can apply for converting H1 to H4. If we apply for COS to convert H1 to H4, do we need to run the payroll, till the H4 gets approved. if we don't run the payroll, will her status be out of status ? We want to avoid the out of status for any reason and also want to stay in US, without travelling abroad and coming back.

    Please do let us know your thoughts and would appreciate, if we can have a legal advice on my issues.

    Regards,
    pghorai

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