Travel on H4 with H1b filed

USA H1B Visa
1

Hi

My Wife is in the US on H4 visa (as my dependent), visa expiring August 2016.
She filed for her H1b, this year and got through the lottery. The visa currently is in the initial review status.
She wants to travel to India and comeback on H4, before her H1b kicks in from oct 1 2014. 

Considering, this situation what are her options? if :
1. She travels before she gets the visa approval notice and returns before H1b effective date .
2. She travels after she gets approval notice and returns before h1b effective date.

We dont want her to go through the H1b stamping process in India and return before 1st October on dependent visa itself.

How can this work ? Any ideas ? Suggestions
1 Like
2

I think it is better not to travel, if you have submitted a COS (change of status) H4 to H1 application also. You can travel after H1 is approved and get new I-94 (provided you did COS application ). My company’s attorney advised me not to travel while my L1 to H1 application is going on. I am guessing this is a similar situation. Any way, contact your attorney for more details.

If she travels after getting the approval notice, definitely you have to stamp it before landing back in US i guess.