Urgent Help - H4 - H1 Again H4

[rvenkat18]

Hello,

 

Need some URGENT info here,in regards to my close friend's wife status.

 

1. My friends wife was on H4 with a validity 09/07 /2012 to 09/06/2015

2. In Nov'2013 she got her H1B approved with a validity 11/5/2013 to 09/30/2015

3.After getting her H1 in Nov'13 she never worked on any project,

but was searching for projects and also taking care of there new born baby and no pay roll was generated from Nov'13 to till date.But she submitted  leave letters 

4. The company which sponsored her H1B received a request from a USCIS for a client visit and they would  be responding that she never joined the company.

 

Now,her employer has asked to change her back to H4. Wanted to understand few things 

 

a.) What is her current status,if the company responds she never worked for the company eventhough they sponsored her H1 ?

b.) Is applying ONLY option or do we have any other options.

 

Please help!

 

-RV

 

 

[jairichi]

 

Hello,

 

Need some URGENT info here,in regards to my close friend's wife status.

 

1. My friends wife was on H4 with a validity 09/07 /2012 to 09/06/2015

2. In Nov'2013 she got her H1B approved with a validity 11/5/2013 to 09/30/2015

3.After getting her H1 in Nov'13 she never worked on any project,

but was searching for projects and also taking care of there new born baby and no pay roll was generated from Nov'13 to till date.But she submitted  leave letters 

4. The company which sponsored her H1B received a request from a USCIS for a client visit and they would  be responding that she never joined the company.

 

Now,her employer has asked to change her back to H4. Wanted to understand few things 

 

a.) What is her current status,if the company responds she never worked for the company eventhough they sponsored her H1 ?

b.) Is applying ONLY option or do we have any other options.

 

Please help!

 

-RV

 

a. She is out of status from Oct 2013. She has to file  complaint with DOL to be able to apply for COS to H4.

b. Filing a complaint is the only option.