Travel on H4 after H1 (COS) approval and return on H4 after H1 start date

[crank]

Folks,

I have a question about my wife's travel plans and visa status.

My wife was on H4 status. The H4 visa stamp is valid for another year (till october 2012)

in June an employer applied for her H1B with Change of Status with effective start date of December 1 2011

The H1B and COS was approved on October 20, 2011

After the COS and H1B approval, she traveled to India on October 23.

This is what I know:

If she returns to USA on H4 status, before December 1 (which is her H1 start date), her status will automatically change to H1 on december 1 and she will be able to work from that day. This is called leapfrogging as explained in Efren Hernandez memo.

This is my question:

I want to avoid H1B stamping in home country at all costs (because of the mess the process has become). If my wife travels to USA after December 1 using her already stamped and valid H4 visa, what will she need to do to be able to work in the US on her approved H1B?

Thanks for all your help.

[Attorney_10]

Generally, if an individual is not in the U.S. on the H1B approval start date then the change of status does not take effect and the individual will need to apply for a H1B visa at the U.S. consulate abroad before s/he is permitted to re-enter the U.S. in valid H1B status. Alternatively, if the individual re-enters in another non-immigrant status, s/he would need to have another H1B petition with a request to change status filed on his/her behalf before s/he could commence H1B employment. Please schedule a consultation with a qualified immigration attorney to discuss the specific facts of your wife's case and the different options available to her.