Query Reg H4 to H1 to H4

[mygc1977]

Dear friends

I am working in Company A in H1 and my wife was in H4 which was processed by Company A and we both have visa till Oct 2012.

Now my wife got H1 in company B which was processed as AOS within US and she started working with the approved H1 I797. so far, we didnt intimate the Company A that my wife H4 is been adjusted to h1 by company B.


If for some reasons, she needs to go back to home country and return back as H4,

- Should we need to again apply for AOS?, if so, should employer COmpany A has to deal with it?
- Should she need to go for stamping again?

Please advise

[shervin143]

- Should we need to again apply for AOS?, if so, should employer COmpany A has to deal with it?
>>> She can just leave and return back in her H4 visa and your latest I-797 approval notice. When she enters in H4 visa, her status will change to H4 and she canot work until a COS is filed from H4 to H1B again and it gets approved.

- Should she need to go for stamping again?
>>> If her current H4 visa will be valid as of the date of her return, then there is n o need to get the H4 visa stamped again.