H4 to H1 to H4 - Please help. Urgent!

[guyfromny]

My wife came to US on H4. She applied for H1 last year and got approved (effective from Oct 1 2006). She did not work on that H1. Now she wants to go back to H4. Can she do that? Is she out of status? Can she apply for COS while in US? How does USCIS determine whether she was working or not working? Do they need pay stubs while filing for COS to prove that she was working? What is the other alternative to go back on H4?

[guyfromny]

Could somebody please answer this question. Its very urgent. I'd appreciate all ur help.

[leifbooger]

Here is the form to fill out I-539. It lists all the documents required for filing change of status from H1 to H4.

/show-form/i-539

[swath]

Hi,
I am also in the same boat. Planning to go to India. Don't want to loose
H1. Is it possible to convert from H4 to H1(current one) after coming back to US.

Is there an ammendment to convert from H4 to previous H1.

Thanks,
Swathi.

[leifbooger]

You can easily reapply for a new H1 after coming back( you dont need to wait for the quota to begin). If you are on H1 and do not have a job and are out of status, its better to switch to H4. Why live with the constant stress of not having a job while on H1. enjoy your trip to India.