H4 Stamping confusion

[sunilthegr8]

hello All,
this is my first post on this site and I am sure, people out here will help me in my situation.
My wife has gone to India last month and coming back to US on july 22nd but she has to go for H4 stamping before coming to US. And the situation is that - I am on H1B,

1. Nov 2011 - I transferred from L1-H1 and she came on my H4
2. 14 May 2012 - My employer filed to revoke the H1 (owing to job loss)
3. 1 june 2012 - Filed for H1 transfer in reguler processing (still pending)

Now, we have two options
1. She can go for H4 stamping with the previous H1 approval and current H1 transfer receipt notice (assuming that H1 revoke is not yet in effect - i checked on USCIS site and as of now it is showing approved). But while coming back to US on july 22nd (a month from now) if the H1 revoke happens and at the port of entry, immigration checks and find this. will it create any problem. (as the transfer is not yet approved and there was gap of few days in H1 transfer filling).

how much are the chances of VO asking for more documentation, and if it happens it may cause delay in her travel plan and has to rebook the tickets (my parents are also coming with her so have to change the ticket for everyone)

2. or upgrade to premium, and then ask her to go for stamping. but the risk is that if any RFE comes it will delay the process and i have to pay extra 1250 USD for premium processing. but the good things is that - chances of having H4 stamp increases and there would not be any problem at the port of entry

Right now she has valid L2 stamp (but in between she changed to H1 and H4 but no stamp)

please advise.

thanks a lot.

[shervin143]

You cannot go by the information in the online case tracking system. The information there is not always up-to-date. Going for the visa interview with the previous employer approval notice is a very bad idea. You will need to give your wife the employment verification letter when she appears for the visa and it should match the petitioner name in the approval notice. One cannot go for visa interview with just the receipt notice. Either waiting for the H1B petition to get approved or upgrading to premium are the only options.

[sunilthegr8]

Thanks. My attorney is saying to go with the receipt and give it a try. I dont know why he is saying that. Bt it make sense to me to go with the approval.