Can my wife travel india while H1 in process on H4?

USA L1, L2 Visa
1

Hi,

First of all appreciate you help here.,

My question here is :

My wife applied for a H1b for 2013 quota recently and she is here from past 1 year on H4 visa. Is it possible her to go back India for a vacation on H4 visa and come back in September before her H1 starts? What if her H1 got approved when she is in India, She need to get stamped her H1 before entering USA?

Thanks

2

If she leaves while COS is pending, then her H-1 would get processed w/o COS. So her status would remain H-4 even after Oct 1. She can go to H-1 either by filing COS from H-4 to H-1, or entering US on stamped H-1 visa

If she leaves after COS has been approved, then she can return on H-4 visa and still be on H-1 visa from Oct 1 (pending her H-1 approval w/ COS).