I am filing H1 for my spouse, his current visa status is H4. He will be travelling to India in January and will be back to US by October, before lottery results. Will the travel impact his visa change of status from H4 to H1? Will it make the H4 status void if he travels to India in Jan? Should he be present in US at the time of filing of H1?
It is not mandatory that he needs to be present during filing. You may want to tell the employer filing that he will be out of country before hand. If approved, he can have it stamped and then return to USA in October.