New H1B processing while staying in India with H4

USA L1, L2 Visa
1

Hi,

I am on H1B workig in US. My wife is in India with H4 visa stamped.

Now we are planning to apply for H1B visa for my wife on this year quota (April 2013).

I have below questions. Could you please clarify?

  1. After H1B is approved she is planning to come here on H4 and then apply for H4 to H1 COS. Can we do this?

  2. Will there be any chances of rejection of H4 to H1 COS?

  3. When can we apply for H4 to H1 COS? After 1st October 2013?

Thank you for your HELP in this regard.
PTN

2

  1. Yes

  2. Any petition has a chance of rejection based on submitted documents and information

  3. I think you can apply for it even prior to Oct 1 and mention a start date of Oct 1.