File an H-4. She can do this on her own if she wishes.
Mr. Shusterman's (former INS Trial Attorney, 1976-82) response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
Her employer filed the H1B petition, not you.
If she was granted change of status to H1B, she is no longer in H4 status. She cannot be benched without violating her H1B status. She will probably have to depart the U.S.
For case specific advice please consult with an immigration attorney. Contact info is in Avvo or at www.ailalawyer.com
Done on Form I-539. Read the instructions.
Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
You seem to be a valuable addition to the American company with your professional talents of prospective contribution since it kindly sponsored you, therefore, ask the employer to kindly direct you to its attentive and considerate immigration visa counsel who will dispel your confusion momentarily.
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