Have H1 Returning on H4

[nanzjo]

My H4 expires on October 1, 2009.
Spouse did an H1 transfer.
however my H4 is still from the previous employer.
I got H1 and changed the status to H1 on Oct 2008 and worked for few months.
I want to travel in August 09.
My employer doesn't allow to stamp H1 as I don't have recent pay stubs.

1)Can I come back on H4, since i worked on H1?
2)Is it okay to enter on a H4, which will expire within a month?
3)Which H1 documents of the spouse should I present? old one(this will expire in a month, but h4 from the same employer) or new one( validity till 2010).

Someone please answer my queries.
Thanks in advance.

[nanzjo]

Someone, please help me.

[txh1b]

1. You have been out of status on H1 and you need to complain to DOL against your employer to avoid future problems. If your H4 is valid, it can presumably be used for entry but the POE officer could look at your previous status and ask for proof that you maintained that status in terms of paystubs. I am not saying it will happen but it could.
2. A visa remains valid till the date of its expiry provided you have not violated the terms of the visa. You have to show your spouse's extended H1b notice to get I-94 till a new date other than your visa expiration date.
3. You should always present the papers of current employer irrespective of who the visa was obtained for. H4/H1 Visa is NOT tied to an employer and can be used with new papers from a new employer.

[nanzjo]

thank you so much txh1b.

What can i do now to get back in status?

[txh1b]

I already told you what to do. Complain on your H1b employer for non payment of wages.