H4 - H1, RFE Received need advice ( Urgent )

[Rakesh-H1B]

Hello all,

My wife is on H4 currently , XXX company filed her H1 this year in may for Change of Status ( COS ) . Now she received RFE for her application and as per XXX Company this is a Audit kind of request to verify employing process , which might take at least 3 to 4 months to get further decision.

We had a plan to visit India in Jan 2013 and the travel cannot be avoided. Can she travel to India as planned and wait for H1 to be approved , once H1 is approved , can she go for Visa stamping in India and come back on H1 if everything goes well ?

Need clarity on

1) If H1 COS is applied and while its still pending if the applicant travels outside country , will the application becomes invalid as soon as they leave or country ? or if they reenter the country in there old status ?

2) Can H1 COS applicant go for stamping in home country if the application gets approved after the applicant left USA.

3) I read somewhere that H1 amendment needs to be applied if applicant want to leave the country before getting H1 approval and desire to return with Visa Stamping ? is this true ?

Please advice , as we are in need for some knowledgeable responses . Thanks in Advance ,

Raks

[Rakesh-H1B]

In short my question is

1) For a Current H4 visa holder, If H1B COS is applied ( 2012 - 2013 FY ) and while its still pending if the applicant travels outside country , will the application becomes invalid and its end of process as soon as USCIS is informed about departure ? or can applicant wait in India until she gets her approval , get it stamped and return on H1B.

2) Does H1 COS application converts into Consular process automatically as soon as applicant leaves country or should any amendment needs to be applied to this effect.