H4 Travel When H1B Is Approved But Not Stamped

[pdeepak1]

My wife is currently on H4 and presently in India and her H4 visa is valid till 1st May 2011(stamped at Chennai recently). We had applied for H1B for her during April 2008 for 2009 Quota without COS as she was to stay in India due to some reasons.
She was selected in the lottery but her H1B approval did not come through till yesterday. Now USCIS website says that her case is approved and approval letter is sent. We had made travel plans for her to come here on H4 as H1B was not in sight , at least a week before.

We have her travel arrangements made to come to USA in first week of April 2009 and go back after spending 2 months here.

My question is -

1) Can she still come to USA on H4 visa status and go back on H4 after living for two months here.( As the H1B petition is approved , not stamped )

2) Can she go for stamping in Chennai for H1B in July 2009 and come back to USA on H1B after getting stamped in September 2009 ?

Dear Members , Kindly help me ?

[OMM]

My wife is currently on H4 and presently in India and her H4 visa is valid till 1st May 2011(stamped at Chennai recently). We had applied for H1B for her during April 2008 for 2009 Quota without COS as she was to stay in India due to some reasons.
She was selected in the lottery but her H1B approval did not come through till yesterday. Now USCIS website says that her case is approved and approval letter is sent. We had made travel plans for her to come here on H4 as H1B was not in sight , at least a week before.

We have her travel arrangements made to come to USA in first week of April 2009 and go back after spending 2 months here.

My question is -

1) Can she still come to USA on H4 visa status and go back on H4 after living for two months here.( As the H1B petition is approved , not stamped )

2) Can she go for stamping in Chennai for H1B in July 2009 and come back to USA on H1B after getting stamped in September 2009 ?

Dear Members , Kindly help me ?

--
If the H-1b petition was filed requesting a change of status then the H-4 cannot leave the U.S. until the petition is approved. The H-4 may leave the U.S. after the petition is approved, and may return on H-4 status prior to the effective date of the I-94 issued with the H-1B change of status approval notice and begin employment with the H-1B petitioner.
If, however, the H-4 leaves the U.S. before the petition is approved, then the request for change of status will be considered abandoned. CIS will approve the petition with consular notification. This means unless, the H-4 returns overseas, obtains an H-1B visa, and returns to the U.S. on H-1b status, the H-4 will continue to be on H-4 status and not H-1b.
Unless a person has an I-94 that says that person's status is H-1B that person cannot legally work for the petitioning employer.

[pdeepak1]

Thanks OMM for your reply.

So my wife will continue to be on H4 visa status till she gets H1B stamped from home country/Canada/Maxico.
That also means that she can come to US on her H4 visa now and go back to home country on H4 after 2 months and then get the H1B stamped and come to US on H1B.

[OMM]

Thanks OMM for your reply.

So my wife will continue to be on H4 visa status till she gets H1B stamped from home country/Canada/Maxico.
That also means that she can come to US on her H4 visa now and go back to home country on H4 after 2 months and then get the H1B stamped and come to US on H1B.

-- she can start work on approved petition notice, but she wants to go india then stamping is must. get stamp from india if she is going to india , if she is not going to india then H1B stamping is not requiered.