Please help COS back to H4

[pkumar412]

Hi

My wife came to US on H4 visa. Later we have applied for H1 and her H1 got approved. She is eligible to work from Oct 07.Due to some personal reasons she was not able to work and now we would like to cancel her H1 as she will not be able to work.
Could anyone please suggest how to keep her H4 status.
We have NOT applied for COS from H4 to H1 and she did not travel outside of US since then
so she still has got H4 visa stamped on her passport.

Please help
Any suggestion is highly appreciated.

Thanks,

[itzprams]

If petition is NOT applied with COS then, you should not worry as to get H1B Visa she has to go outside USA for stamping.

If its COS then search this forum for "Leap Frog"

[orion]

As I understand, she has been on H1 since 01OCT2007, and now that she did not work ever, she has been out of staus since 01OCT2007.

[txh1b]

She is looking at a 3 year ban as she has been out of lawful status for more than 180 days.

You need to talk to a lawyer. This is based on the assumption that it was a COS.

[pkumar412]

Her 797 came with a new I-94, I think this means that her H1 was applied with COS.
By "ban" you mean "ban on entering US" or "not allowed to apply for H1."
could you please suggest any way out.

[itzprams]

txh1b is right in his post,

she is out of status.

[txh1b]

There are two problems to deal with. Future green card and visa stamping if one does not work on a H1b status. Talk to an attorney to evaluate your options.

Out of status and illegally present are two different issues and an attorney can help you better than the forum due to the complexity of your issue.