H4 to H1 approved with COS, travelled to India

[goodtoask]

Hi,

 

My wife was on H4, then employer A sponsored H1B in april 2014, it was approved with COS in May 2014, she went for H4 stamping in july, came back to US on H4 in september 2014.

I read in lot of forums that she can start working from oct 1st without applying for COS again.

Question:

The I94 associated to H1, say 1234 is now invalid as it was of previous entry. New I94 is say 5678 and this is associated to H4 status; this is worrying us and unable to understand how her status will change to H1 which was associated to invalid I94 number 1234? where can we verify the current status (any CBP site, i think arrival/departure record still shows H4 status right)? Or does she need COS?

Appreciate the help, please answer.

[jairichi]

http://www.murthy.com/2014/08/28/h1b-transition-issues-international-travel/

[itsmeusa]

In my opinion, if she joins H1b employer, she would be counted towards H1b status. But check with employer / immi. lawyer to be 100% sure. Don't rely on immi. forums to make and understand the immi. rules / laws. It's just a cursory check you can do here.