non-cap to cap transfer gap and H4 possibility

[forsports]

Hello all,

Thanks so much for helping us in need. My wife and I have a slightly complicated case and would be great if you can weigh in on these issues.

My details:

1. I completed my MS in 2007, used up my OPT, started work in Oct. 2007 and worked until July 2011.

2. I started my MBA in Aug. 2011 and will be completing it in May 2013.

3. My post-MBA employer will file for my H1 transfer immediately after my graduation so I can start working in June/July 2013.

Questions:

1. Since I used up my Masters-level OPT in 2007, will I still get the 60-day grace period after my MBA? Or should I leave the country after graduation and come back only after my H1 is approved this June/July?

My wife's details:

1. She is working as a post-doc at a university and has been on an H1 for last 8 months (academic cap-exempt).

2. Her post-doc "contract" ends in May 31st, 2013.

3. She has a job offer at a company who will file for her cap-based H1 on April 1st, 2013. The lawyers said her start date would be Oct. 1st, 2013 since this has to be a cap-exempt to regular H1 transfer.

Questions:

1. My wife can go back to home country (India) after May 31st, stay there for four months, get new H1 stamped and start work on Oct. 1st, 2013. Is it risky to be out of work for four months when going to get H1B stamped?

2. The other option is for her to be on H4 from June to September 2013 when I start working and then do a COS to H1 from Oct. 2013. In this case, what will her status be when I am on my "grace period" (between mid-May 2013 and mid-June 2013 when my F1 is expired, OPT was used up in 2007, H1 approval would be pending).

Thanks again for all your help! Look forward to hearing back from you guys.