H4-h1-h4

[sachinjn]

Hi,

My wife came to US on H4 visa with Company X and then I changed my company to Y. In the mean my wife also applied for a job in some company and she had her H1 started from last Oct. But then she was laid off recently from the company and now they are planning to cancel her H1 visa.
Also, after she got her H1 she also applied for social sec and there we updated her status from h4 to h1.

Questions:
1. After her visa is cancelled will she automatically come on H4 visa?
2. Or do I need to apply for her H4 visa again. When I joined the new company they applied for my wife H4 too. And she do have I94 for that?
3. Also, some guidance what shoule be the next steps?

Thanks in advance.

Sachin

[txh1b]

1. None of the status changes are automatic. She has to apply for a COS to H4 prior to losing her H1b job along with proof of her paystubs. If she already was laid off and she does not have paystubs to prove status, the COS will NOT go through.
2. Read about last action rule. The application or status that was last approved holds good. This could even mean your wife did not be on H1b and was working on H4 is the H4 was approved after the H1b entry/approval.

[sachinjn]

H4-h1-h4

Thanks for the reply.

Actually, my wife was working with some consulting firm and she dont have any paystub as she couldn't find prject.
When she came she was on H4 with my old company and then I changed my job and moved to a new company, we applied for our H1 and H4 with my new company. During the same time, she got her H1 visa which effectively started from Oct.

So in that case what will be her status now?

Sachin

[txh1b]

Timing is important. Unless you mention when each was applied and when they were approved, if they came attached with an I-94, nothing can be said. At a minimum, your wife may have been out of status for a while as H1b requires one to work all the time.