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Extension of H1 visa after lay off and new job

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  • Extension of H1 visa after lay off and new job


    This is for one of my friends.

    She is on H1. Her husband is also on H1. She works for a consulting company and her project got over in April 2001. She was on bench and she never got paid until she got project again in Jan 2002. Now she is getting paid.

    No she needs to get her H1 visa extended as current H1 is expiring soon. Now her company is saying that she needs to get new H1 instead of H1 extension.

    Is it necessary to get new H1? If that is the case, INS may ask her to pick up the H1 visa from India. And if that happens, she may be refused entry as she was technically out of status from April 2001 to Jan 2002.

    If H1 extension is possible, what should she tell her company lawyer?