H4 to H1B

[queryabtvisa]

Hi

My husband is working in US in H1B and I am currently with him in US in H4.I joined him in US last month(Sept 2006).

His H1B and my H4 visa expire by 31st Dec 2006.
When I was in Inida I had applied for H1b in April 2006 and later got the H1B approval papers a couple of months back(at that time i was in india).

To start working in US I was told that I have to go to India and get H1B stamped from the Chennai consulate.
My questions are:
1)Is it not possible to get a change of status from h4 to h1b status here in US itself?
2)If that is not possible and if I decide to go to India by say November/December afetr fixing an appointment(as some date is available that time) , is it advisable as there is just one month left for my H4 to expire?
Worst case if my H1B is rejected at the consulate will I be able to travel to US in my H4 itself though there is just one more month left for its expiry? I was told that it is not advisable to travel unless there is at least 3 to 4 months left for visa expiry.
3)My husbands consultant plans to extend my husband's H1B and my H4 by second week of December.Will it cause an issue in case I need to travel then?

Thanks

[susmita24]

Unless ur husband company apply the extension & unless it reaches INS u should not travell to India,if u r travelling then they need to apply again.
I have the same situation in march 06.After extn i went to india & i wait till my H4 extn is approved.while coming back i did my H4 stamping in kolkata.It was done smoothly.
This yr like u i was in india & applied my H1B,and enter to USA in June before H1B is approved.Now my H1B is approved ,before i will start working i need to stamp it so going out of USA,if any problem happen i have my H4 valid till 2009, so can enter to USA.