Traveled to India on H4 in Mar 2014 and H1b 2015 picked

[camphill]

Hi,

I'm on H1b and My wife traveled to India on H4 in March 2014 and got stamped.
My employer applied H1b for her on Apr 1st and on Apr 30th it was picked in lottery.

1)Can she travel to US on H4 again while H1b still in Processing?
2)If she can traveled back on H4 and does she has to go back to India for stamping once H1b approved?
3)Is it possible to apply for COS once she entered in US with new I-94?
4)Is there any negative impact on her H1b processing because of travelling and issuing new I94?

Please throw your suggestions. Thanks!

[raghvi]

Hi,

I'm on H1b and My wife traveled to India on H4 in March 2014 and got stamped.
My employer applied H1b for her on Apr 1st and on Apr 30th it was picked in lottery.

1)Can she travel to US on H4 again while H1b still in Processing?
2)If she can traveled back on H4 and does she has to go back to India for stamping once H1b approved?
3)Is it possible to apply for COS once she entered in US with new I-94?
4)Is there any negative impact on her H1b processing because of travelling and issuing new I94?

Please throw your suggestions. Thanks!

She can travel but her then her automatic change of status to H1 would be nullified, and once she is back to US on H4 visa her employer would have to file another H4 to h1 COS.

1. Yes but if she travels before her COS approval it will be abandoned.
2. Not necessarily.
3. Yes.
4. I dont see any except the hassle of re applying for COS which is again extra cost for employer hence better discuss with employer and their attorney before doing so.

This is my opinion not legal advice.