H4 to H1, India Visit

[kranthi195]

Hi,

I have a query regarding H4 to H1 transfer and visit to India.

Im currently on H1B working in US, my wife got H4 visa, she will be coming to US in jan 2008.
She is planning to apply for H1B in next year quota i.e 2008.

My wife wants to go back to India in April 2008 and come back in july/august.
I guess if she applies for H1b if it gets approved she will get approval notice in june/july, here are my questions
1) Can she go to India after applying for H1B visa i.e in april 2008 ?
2) Can she come to US on H4 visa after her petition gets approved or she need to wait in India till her H1B stamped,
3) can she get her H1B stamped before october ? I got stamped after october I wonder if it can be stamped before october....even if its stamped does she need to wait till october to come to US?

It would be great if some one answer my above questions,

Thanks a lot in advace.

Best Regards,
Kranthi

[waitin_toolong]

Yes she can but dont apply for COS, as that will be deemed abandoned if she leaves.

She can come back using H4 and will continue to be in that status unless
a) she files and gets approval for COS from H4 to H1 .. has to wait for approval to work.
b) she gets H1 stamped and enters using that.


She can get H1 stamped upto 90 days in advance based on last few years but cannot enter US 10 days in advance of her job start date.