Could a H4 Visa holder with a H1B Cap Application travel to India and come back

[daniepaul]

Hi,

My wife has a H4 visa which was extended and approved last month. (Stamping not done yet). She is applying for a H1B visa in the CAP process on April 1st. We need to travel to India on a planned trip by May 2014. Below are my questions on the same.

1) When we travel to India, will there be any problem in Stamping the H4 visa for my Wife? since there is a open H1B application.
2) I had asked the company filing the h1B not to apply for COS, so, what will be the steps to get the COS once she is back in US after the trip. Can I send the COS application later during the process or should I get out of US and come back with correct stamping in the Passport once the application is approved.
3) If i do a premium process for my wife's H1B and it got approved before we travel, during the stamping, which visa will be stamped in her passport as she will have valid H4 and H1. Also, I she is stamped with a H1, can she travel to US before Oct 14 (date when the H1B will be valid)?

[kadkhiq81]

Could a H4 Visa holder with a H1B Cap Application travel to India and come back

1. No
2. No
3. Here is the best option to handle, Apply H1 as consular process (premium is not needed as she can anyway start to work after oct1 2014), travel to India, get H4 visa and travel back using that visa. Once H1 petition approved, You can apply COS to H1 to work however she need to go for stamping again to come back in H1.

This is my opinion.