h4 to h1 query

[priyankamahna]

came to US on H4 in October 2007 and got my H1 in 2008 from a consultant Till now he is not able to find a job for me but I have my I-797 and I-94 from him and that document states that my Change of Status has been approved.

Now I am travelling to India in February and the consultant says I need to come back on H4 and not willing to provide me the supporting documents.

Can someone please suggest me is it possible to come on H4. How will I start working if I come on H4?

[txh1b]

Read tons of posts on the same subject. Your employer has put you out of status. The employer MUST pay a H1b employee all the time irrespective of the project. Benching without pay is illegal.

You could be denied a H4 visa as you have accumulated out of status period or even entry at POE. Complain to DOL on a WH4 form. Search for the link on the website under H1b section.

[ajaysharmlondon]

out of status

txh is right. you are out of status right now...if you go for stamping for H4 then you will be denied.
the only way for you to solve this riddle is to file WH4 form against your employer for back wages. This way you will come back in the status and will be able to get back on H4. There is no one who can get you out of this mess otherwise.

ajay