What action to take for my status?

I came to US -March 2013 on H4 and have valid VISA till next Sept 2015 . In US an employer sponsored for my H1 VISA in April 2014 and got approved .
I am pregnant and cannot work now . My employer is cancelling h1 b visa .

1.Will i go out of status anytime ?

2.Is it required to convert back to h4 ?

If the H1-B was applied with change of status (COS - USCIS will issue a fresh I-94) and it’s effective date was 1st Oct, and you have not started working for the company, you are illegally staying in US - you must consult with an attorney at the earliest to find out your options and for COS to H4 again.

But if the H1 was applied for consular process (I doubt it would be case), then you are good. No action is required.

P.S. This is not a legal advice.

  1. Even if its COS , can i go out of country and come back ?
  2. How do i know if its COS or consular process ? employer is not providing i797.
    Note : I have not visited any consulate to stamp H1B yet.
  1. Please consult with an experienced attorney - don’t take it lightly - it could trouble you big time in future.
  2. Ask your employer or attorney who had applied I-129 for you. Whether it’s approved with COS or Consular process, it should be mentioned in I-797.

Thanks i have taken appointment with attorney next week . Just for info

  1. When and what issues i might face in future ?
  2. How do i get the copies ? The employer and attorney are not ready to provide me any docs :frowning:
    3.Is there any way i come to know how my VISA is applied apart from I797(COS or Counsular proc) ?
    Silly but I checked online my I94 reflects the same date as on my stamped I94 . . Have to spend lot through attorney as well 2K:(
  1. During future stamping/G.C. process etc.
  2. If they didn’t hand over anything, I would advise you to join them. I don’t think you’ve any other option.
  3. I don’t think, only for consultation attorneys charge that much i.e. 2K - it should be ~ $100.
    All the best.

Ok thank you for info . I am not in good terms with employer , so cannot join the firm now . I also have appointment with USCIS . The entire consultation converting back to H4 is 2K .

1.I filed for FOIA request -> i was able to get the Receipt number.
2.I visited USCIS -> They asked me to file for H1 to H4 conversion without approval notice and pay slip.My employer has filed for conversion
3.I received all her documents by FOIA request (no I797 form)