H1 from H4 qualification question (Have approved I-140 and completed 6 and half years H1)


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My wife was on H1 from Feb 2006 to June 2012. She got 1 year extension in Feb 2012 based on approved I-140.

She went to India in May 2012 and went for stamping. Because the client contract was terminated, she had to withdrew the H1.

She got H4 stamping this month (April 2013)

If she comes back now, can she change her status from H4 to H1 again based on her old approved I-140.

If that is not possible, Is it safe for her to come after a month, so it would be one year out of country and she will be eligible for fresh H1 next year.

Please advise.



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