h4 to h1b ...but now not interested in working???

What is the name of your state? Texas

Hi,
I came to US on H4 in aug 2003(h4 visa stamped until oct 2006). one employerA applied for my h1 & i got my approved h1b in oct 2004. I never worked for that employer(that is i never got paid) .. in sept 2004 another employerB applied for my h1b but this is still under processing(i am not paid )

due to my health issues i am not intersted in working ????

I am on leave without pay for employerA(how long can i stay on leave without pay)???is it legal to stay on leave without pay???

so is it ok if i don't apply for status change???as I plan to visit India in sept 2005 & come back on my h4(the one which is stamped in my passport)??

if i have to apply for status change when should i apply???
( even the employerB's visa also should come then ..i can at a time apply else i might have to apply twice rite??)

what are the issues??? i am confused!!!


regards,
smrithi

Please attorney reply!!! i am really confused

Please attorney reply!!! i am really confused

Chances are your pending H-1B petition will not be approved as a transfer since you never worked for the first employer and are thus not in valid H-1B status. If the second H-1B is approved, it will be approved for consular processing so you'll need to leave the US and reenter in order to activate it. If you are not even planning to work for the second employer, then I would suggest you file for a change of status right away. Even so it may not be approved since you are violating the terms of your current status, but you should do this now and not wait until Sepetember.

Please let me know if you have any additional questions or if I may be of further assistance to you in this matter.