H4 to H1 RFE


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I applied H1 for my spouse in 2008.

Her H1 got approved in 2008 and we applied for Status change from H4 to H1 around Sep 2008.

At that time USICS has sent a RFE and we did not respond to the RFE at that point of time.

She contined to be on H4 and travelled couple of times out of US and entered again on H4 after visa stamping, we did not mention about her H1 anywhere in her stamping.

We want to change her H4 to H1 since market has improved and she is getting calls for jobs.

We have below questions please let us know.

1)Is her H1 still valid ?

2)Since we did not reply to the RFE in Sep 2008, what is the status of her H1 ?

3)Does she has to apply for new H1 in 2011 or the same H1 can be applied again ?

4)If her H1 is valid what is the procedure we need to follow now for the COS?

Thanks in advance for your help.

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