[stewatia]

My wife has H1B visa since October 2008, before that she was on H4( which was expired on Oct 2008).
Because she was pregnant she did not worked and we had a baby on January.
Due to market conditions it is difficult to get any job and we are planning to switch back to H4.
As per her employer she is not out of status and because of her pregnancy she has a valid reason for not working.
My problem is I want to know is she already out of status? If yes what are my options? If no what should I fill in the form I-539 Question 3 g. Technically she was employed but she does not have any paystubs.
Please help this is urgent.
Thanks,
S Tewatia

[unebutet]

As long as her employer did not terminate her h1 status she's still considered as legally "on status". She could as well apply for h4 as long as the primary h1 is still on status. If she opt to go back as h4, she needs to present proof of documentations with reasons of her being unemployed. Those documents should come from her employer. She should also present the primary h1's dox as proof of relationship (marriage contract, visas, tax return, employment certificate, etc.)