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H1B in progress and H4 expiry date coming

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  • H1B in progress and H4 expiry date coming


    My wife H1B was selected in lottery in 2015 and is still pending with USCIS. She traveled to India in Feb 2015 and returned May 2015.

    The petition was filed along with COS. So I expect probably COS will be denied since she traveled outside India.

    Now my H4 visa is expiring 31-MAY-2016. My questions:

    1) Should I file H4 visa extension for her? or should I do premium processing for her H1 visa.

    2) What if COS is denied after applying for premium processing. She will need to travel back to India get H1B stamped and come back right? correct.

    3) My son will travel with her so will he be able to enter before 31-MAY-2016?. Will there be any complications if she is travelling on H1B while son is on my H4 dependent visa.

    4) What if she goes back to India now and once her H1b is approved - travel back after getting visa stamped along with my son whose H4 will be filed as extension along with me.

    Thanks in advance.