During H1b filing duration, can we go to india with H4 and come back with stamped H4

USA L1, L2 Visa
1

Planning to apply H1b for my spouse . The application filing for 2016 stars on April 1st 2015.Right now she is in H4.

Will she able to travel to india during last week of April and come back to US on sometime July 2015.

She has to get her H4 stamped before travelling back . Will this impact her H1b application which is under process ?

please guide me . Thanks

2

As per my understanding, yes, she can.

If she enters into US before Oct 1st on H4 status, she would become H1 status (if her H1 is approved) automatically. If she enters into US on or after Oct1st using her H4 status, she needs to file COS again in order for her to work on H1 status.

3

Thanks for your response . This helps

4

H1 is not impacted by H4 in any way, they both are independent

5

Hi I have a same question. I am travelling on 23rd April and coming back on 12th July.
So can I start working on 1st october without getting the H1b stamped.
Also, I’ve heard that the CoS gets rejected as soon as we leave the USA, H1 will get approved but one cannot start working without re-entering USA with a stamped H1b Visa?