H4 to H1B (I797A) - H1B revoked - current status?

[asheeshv]

Hello,

 

My wife arrived in the US on H-4 status on December 1st, 2012 on my H1B, and the I-94 she got was valid till Sep, 30th 2015. My employer filed her H1B last year, which was approved on December 9th, 2013. However, during that time, I quit, and joined another employer on H1B. My H1B petition is still under approval, though I'm working on a receipt notice.

 

During this time, my wife got a I797A, and her status was automatically changed from H4 to H1B. However, my previous employer got my wife's H1B revoked on December 31st. 

 

I'm not sure as to what's her current status. Is She on H-4 status again even though she was on H1B for a very brief period of time. If not, then should I file her change of status using I-539 from H1B to H-4?

 

Now that her  H1-B has been revoked, does that mean that is she out of status? 

Any help in this matter would be appreciated?

 

Thanks,

Asheesh

[jairichi]

Hello,

 

My wife arrived in the US on H-4 status on December 1st, 2012 on my H1B, and the I-94 she got was valid till Sep, 30th 2015. My employer filed her H1B last year, which was approved on December 9th, 2013. However, during that time, I quit, and joined another employer on H1B. My H1B petition is still under approval, though I'm working on a receipt notice.

 

During this time, my wife got a I797A, and her status was automatically changed from H4 to H1B. However, my previous employer got my wife's H1B revoked on December 31st. 

 

I'm not sure as to what's her current status. Is She on H-4 status again even though she was on H1B for a very brief period of time. If not, then should I file her change of status using I-539 from H1B to H-4?

 

Now that her  H1-B has been revoked, does that mean that is she out of status? 

Any help in this matter would be appreciated?

 

Thanks,

Asheesh

She is out of status from the last day she worked with her H1B employer. You need to file for a COS to H4 using I539 and supporting documents. There is a possibility that being out of status it might not get approved and also that you are on H1B receipt notice and not with approval. She might in that case need to exit and enter US with a valid H4 visa.