H4 to H1b

[manmohan.lal]

My wife is on my dependent H4 visa. She applied for a Research Asscociate Position (Academic H1 or J1 can be acquired) and got called for an interview at a university. The university is willing to hire her given the visa situation is clear. The university can file for her H1 visa.

but the problem is she is completing her Ph.d from India in September this year and has to go to India from July 1st till October 4th. My question is -

1) Should she start her H1b processing now (premium processing) and get it done before she leaves?

2) Should she ask her employer to wait for her October return to start the H1 process

3) Should she ask the employer to start the H1 process and let it take its course while she visits India. If she gets H1 approval before she arrives she will get it stamped in India before her arrival otherwise she will enter on H4 visa and get a COS here in US.

Response will be highly appreciates. Many thanks to you guys.

[pontevecchio]

None of this is really relevant. What is relevant is to talk to the university laying out the facts. Also be aware that a so called COS is another H1 petition filing. The best course of action is either the H1 visa before return or have them file with COS after she returns.