H1B to H4 to H1B to H4 .... now again H1B

[immilok]

I know the title of the post sounds little crazy but it is in fact like that in my case. Here is a complete story,

 

My wife got laid off when she was on H1B. We immediately applied for her H4 COS. When her H4 was under process, she found another job. The new employer applied for her H1B with premium processing. H1B got approved and she started working. We requested for withdrawal of her H4 petition. The day withdrawal was received by USCIS, they actually approved H4 petition.

 

Per USCIS last action rule, now technically she is on H4 and can not work. Here is my lawyer has suggested to do. Go out of the country and come back. We can go to Canada or Mexico. As she does not have Canada visa, we can go to Mexico as she does not require Mexican visa (She has valid H1B visa stamp from previous employer).

 

We are planning to go to Tijuana/San Diego border and walk across and come back. My question is,

 

1) She has I-94 from previous employer, new employer and H4 one. All three are valid and date on it is not expired.

Which one should she show/surrender at the port of entry?

 

2) Does CBP officer know about AC21 portability and issue her new I-94 with old company visa and new company I797?

 

3) Is it possible that they readmit her on H4? (she does not have H4 visa stamp)

 

4) Is it possible that they issue/revalidate I94 of previous employer?

 

How would you suggest she present her situation at the border?

 

Your help is highly appretiated

[info4help]

How much was the delay between you filed H4 and H1B

[h4visa1]

Hello,

 

I'm in a similar situation. Could you tell me what have you done to get your wife back on H1? Did you guys cross Mexico border and presented the new employer I797 form?