H1B COS approved Without i94 - Travel to US on Existing H4

[Jeevanp1]

I am working in US with H1B Visa. My wife and daughter are on H4 Visa. All our visa expires on Jul 2016.

When we were in US, April 2015, we applied H1B visa(H4 to H1B COS) for my wife through a consultant.

Due to a medical emergency, my wife travelled to india on November 2015. When she was in India(Jan 2016), her COS was approved and consutlant told that it was APPROVED WITHOT i-94.
Since we were not able to find a suitable project till date, her H1B stamping is not done yet.

Currently my wife is in India with Valid H4 Visa on her passport and approved H1B petition.

Question 1: Can my wife come back to US with her existing H4 ??? If Yes, what will be her status after she enters US ??

Question 2: Consulant is claiming that they need to run my wife's payroll even if she enters US with her H4 visa. Is it true ????

Question 2: If she gets a project after she is in US, does she need to travel back india to get her stamping done ??? or do we have any other option.

Question 3: On worst case, if she couldnt find a job until May 2016, I will have to submit her H4 extension since it would expire on July. If I file her H4 extension, what will happen
to her approved H1B petition(without i-94) ??

[raghvi]

I am working in US with H1B Visa. My wife and daughter are on H4 Visa. All our visa expires on Jul 2016.

When we were in US, April 2015, we applied H1B visa(H4 to H1B COS) for my wife through a consultant.

Due to a medical emergency, my wife travelled to india on November 2015. When she was in India(Jan 2016), her COS was approved and consutlant told that it was APPROVED WITHOT i-94.
Since we were not able to find a suitable project till date, her H1B stamping is not done yet.

Currently my wife is in India with Valid H4 Visa on her passport and approved H1B petition.

Question 1: Can my wife come back to US with her existing H4 ??? If Yes, what will be her status after she enters US ??

Question 2: Consulant is claiming that they need to run my wife's payroll even if she enters US with her H4 visa. Is it true ????

Question 2: If she gets a project after she is in US, does she need to travel back india to get her stamping done ??? or do we have any other option.

Question 3: On worst case, if she couldnt find a job until May 2016, I will have to submit her H4 extension since it would expire on July. If I file her H4 extension, what will happen
to her approved H1B petition(without i-94) ??

1. Yes she can travel on h4 as long as her H4 visa is valid and you are maintaining valid H1 status in US. One gets the status one declares while entering into US, so she will have H4 status.
2. Thats not true.
2. Her employer can file a H4 to H1 Change of Status, recommended to work only when COS is approved with new I-94 and not join merely on the receipt basis.
3. No impact. She is considered cap exempt for 6 Years from initial H1 filing year.

This is my opinion not legal advice.

[Jeevanp1]

Thanks Raghvi.

Question 3: On worst case, if she couldnt find a job until May 2016, I will have to submit her H4 extension since it would expire on July. If I file her H4 extension, what will happen
to her approved H1B petition(without i-94) ??

Your Response: No impact. She is considered cap exempt for 6 Years from initial H1 filing year.

Once her H4 extension is approved,
Her H1B petition becomes Void ???
Can she fly back to India and get stamped using her approved H1B petition and re-enter US to be on legal working visa ?? (provided if she get a project after H4 extension)

[raghvi]

Thanks Raghvi.

Question 3: On worst case, if she couldnt find a job until May 2016, I will have to submit her H4 extension since it would expire on July. If I file her H4 extension, what will happen
to her approved H1B petition(without i-94) ??

Your Response: No impact. She is considered cap exempt for 6 Years from initial H1 filing year.

Once her H4 extension is approved,
Her H1B petition becomes Void ???
Can she fly back to India and get stamped using her approved H1B petition and re-enter US to be on legal working visa ?? (provided if she get a project after H4 extension)

H4 approval does not void h1 petition.
Yes, if she wants she can fly back, get H1 stamping done and enter on h1 visa.

This is my opinion not legal advice.