H4 2 H1 Transfer - Staying in US is better or getting stamped in India is?

My wife who is on H4 was filed H1B under 2013 quota with a consulting firm. She is under vacassion for 6months from her current employer and will be resigning soon.

What is the suggested approach:

  1. Stay in US and wait for H1 approval? or

  2. Go back to India for the next few months and get the H1 stamped in India and come back on H1.

What were the complications and rejection rates in the past for H4 to H1 transfer?

Please suggest.

Its always better to have VISAs stamped in the home country consulate especially when you don’t have any US education and/or you are a fresh H1B applicant. That way, the government can scrutinize your case better.

If your wife doesn't have any reason to travel to India, she may continue in US and start working on H1B status as per the validity dates. If there is a reason for her to be back home, she can come back to US with stamped H1B, or the currently holding H4 for which she'll have to do COS after entering.

VISA rejection depends on each case. Usually rejections happen when there are reasons like beneficiary cannot prove a proper employee-employer relationship or have a valid client letter.