H1-H4-H1 Visited to India , got Sick and was relocated to India by employer

[bullet650]

Hello All


My wife was working in US and visited India in July. She got sick just before coming back and had to deliver the baby. Since then she is in India. Now her Employer ( an Indian Company) relocated her to India. She applied for leave since she was sick and her leave is till January 15. Since she cannot join the company in India, She is planning to resign and come to US on H4 Visa. So what are our best options ?



1. H1B three years visa stamp in passport expired but has a approval notice for extension from the same company till September 2011.

2. In India since July end but was on vacation and has pay stubs till November 30 but with no salary as it was unpaid vacation.

3. Officially Relocated to India by her employer.


Questions:
1. can she do a COS from India or has to apply for new H4 application ?

2. Once she comes back on H4 and decide to work, can she do a COS with the old H1b Extension notice. Can she do this even if her employer cancels her H1B.

I would greatly appreciate your responses on this issue.

Thanks

[txh1b]

1. You are using COS incorrectly. A person does NOT hold a status once they leave the US. If she wants to return on H4, she needs to apply for a H4 visa if she does not have one.

2. Look at the FAQs and lots of posts on the same subject on the forum. Once cap counted, she will be able to use it irrespective of what the ex-employer does.

[bullet650]

Hello txh1b

Thanks for your reply.