H4 to H1_2008_Oct

[rag_eng]

Hi,

My wife has H4 visa and now she got her H1B approved on Oct-2008. She was not able to work from October to Nov and cann't work till Jan 2009. She had her ankle twist 5 months back and we are seeing doctor since then. I have the following questions

1) As she is not worked since Oct-2008 is she out of status?
2) As she will not have w2 for this year can she go India on June 2009 to get H1B stamped with out w2 and with some pay stub that she is going to work from Jan/Feb 2009.
3) Does she have any issue when she go for H1B stamping in India on June 2009, without w2 of 2008.
4) My employer is saying we can ask for approved H1B termination and she will go back to her h4 status as she has her H4 till Mach 2010.


Please advise me.

Thanks in Advance.
Raghu.

[txh1b]

1. Yes
2. She can go but chances of apptroval are low
3. Yes
4. Not true. No body falls back on previous status automatically. If H1b is cancelled, she will become illegal.

[rag_eng]

Hi txh1b,

Thanks for the immediate reply.

I have checked with the doctor and he is ready to give doctor certificate for this period as she is still on medication. will that certificate going to help in place of no w2 for year 2008 when she go for h1b stamping on June 2009?

Thanks in Advance,
Raghu.

[txh1b]

Possibly. But way too many people use that as an excuse. As you have documented medical cause, it might help.