In India with H4 and H1B under process..Can she travel now on H4? H4 to H1 COS

[003lok]

I am in USA with H1B visa which will be expiring in Nov 30, 2015. My company is working on my extension.

My wife has H4 visa but has not travelled to USA yet. Her visa is also has end date as Nov 30. And her H1B application (applied in 2015 april) is still under process with status as RFE. While filing H1B for her, her company has not shared her H4 details in H1B application as she is in India only.

1. I need suggestion on my Wife's trave1. Can she travel to USA in the month of August with H4? If yes then will there be any problem with her H1B application as we need to opt for Ammendment for Change of Status from H4 to H1. And also will there be any problem if we apply for H4 extension as well?
2. If she cant travel to USA, then does she need to go again for stamping H4 extension after November as the VISA date on her passport is Nov 30th only.
3. Is it suggestable to travel to USA on H4 visa while her H1B petition is under process.
4. Can she start working immediately once the H1B application is approved if she is in USA.

We need to make a decision on her travel based on the risks involved.

[shervin143]

1. I need suggestion on my Wife's trave1. Can she travel to USA in the month of August with H4?
>>> She can. She will need to carry a copy of your approval notice. Her I-94 will be issued only till your petition validity date. If that is November (assuming the extension doesn't come through by then), you will have to file the H4 extension before her I-94 expires.

If yes then will there be any problem with her H1B application as we need to opt for Ammendment for Change of Status from H4 to H1.
>>> No issues. Since she was outside U.S when the H1B was filed, it will be a petition for consular processing. Either her employer will need to file a COS from H4 to H1B or she will need to leave, get the H1B visa stamped and return back in H1B visa.

And also will there be any problem if we apply for H4 extension as well?
>>> No.

2. If she cant travel to USA, then does she need to go again for stamping H4 extension after November as the VISA date on her passport is Nov 30th only.
>>> Visa is only an entry document to U.S. Her H4 visa need to be valid as the date of her entry. To stay in U.S, a valid visa is not needed. A valid I-94 is what is needed. If you file the H4 extension before her I-94 expires, then she is all good. If she travels outside U.S after November and if she want to re-enter in H4 status, then she will need to go for H4 stamping again.

3. Is it suggestable to travel to USA on H4 visa while her H1B petition is under process.
>>> No issues.

4. Can she start working immediately once the H1B application is approved if she is in USA.
>>> Nope. She cannot work when she is in H4 status. Either her employer will need to file a COS from H4 to H1B and that should get approved before she can start working or she will need to leave the country, get the H1B visa stamped and return back in H1B visa.