Need urgent advice for H4 to H1 Conversion and Change of Status

[mayank03]

My wife is on H4 Visa which was raised by my previous company A in 2013
After that I changed my company B and my H1B and her H4 Visa also got transfered.
Parallely when I was with Comapny A i applied for her H1B visa through a consultant which got appproved few days back.
I am aware that she is legally allowed to work from Oct 2014.Below are my questions for which I am trying to find a solution.

1. Will her status gets automatically changed to H1 from 1st October.(Because the papers used for raising her Visa was of my previous company A)

2. If she wants to work from November 2014 and not October so for that period of time will she be Out of Status?

3. Do i need to change her status again to H4 for that period of time from October till the time she dont start again?

4. Since her H1B visa got approved can she change her employer without joining the first employer who raised her Visa?

5. Do she need to go for Visa stamping if she dont leave United States.

Appreciate your kind advice..

[raghvi]

My wife is on H4 Visa which was raised by my previous company A in 2013
After that I changed my company B and my H1B and her H4 Visa also got transfered.
Parallely when I was with Comapny A i applied for her H1B visa through a consultant which got appproved few days back.
I am aware that she is legally allowed to work from Oct 2014.Below are my questions for which I am trying to find a solution.

1. Will her status gets automatically changed to H1 from 1st October.(Because the papers used for raising her Visa was of my previous company A)

2. If she wants to work from November 2014 and not October so for that period of time will she be Out of Status?

3. Do i need to change her status again to H4 for that period of time from October till the time she dont start again?

4. Since her H1B visa got approved can she change her employer without joining the first employer who raised her Visa?

5. Do she need to go for Visa stamping if she dont leave United States.

Appreciate your kind advice..

1. If her H4 to H1 was applied as Change of Status and H1 approval I797 comes with a new I-94 then yes, her status would change automatically from 01-Oct-2014.
2. If above is true then she must work and get paid from 01-Oct-2014 otherwise she would go out of status.
3. Yes.
4. Possible after petition has been approved.
5. Not if COS is approved. But if you try the H1 to H4 and later on H4 to H1 OR H1 transfer there is high likelihood that she would need to leave US and go for H1 stamping in order to move to H1.

This is my opinion not legal advice.