Visit India while H4 to H1 process

[TESTME72]

Hi,

Myself:

Status : H1B

1st Entered USA : Feb 2005

Visited India & re-entered USA : May 2007

Green Card Status : Approved I-140 in EB3.

Current validity of H1B : Feb 2014

Wife:

Status : H4B

1st Entered USA : Oct 2005

Visited India & re-entered USA : Dec 2008

Current validity of H4B : Feb 2014

Plan to apply for H1B : April 2013

We are planning to visit India in June 2013 and return in end of August 2013 by when the H1B petition for my wife will either be still under process or approved.

Please advise on the below:

1. Should we apply for H1B under COUNSLER PROSSING and apply for CHANGE OF STATUS after returning to USA?

2. What are the risks of approval of COS?

3. Should we apply for H1B for my wife under premium processing so we have the approved H1B under CP before leaving for India (If approved), and then apply for H4 to H1 COS also in premium process?

I really appreciate your insight and help in understanding my options.

Regards

[itsmeusa]

I would try to avoid attending H-1B visa interview (as a part of consular processing) in India. So best option would be to come back to US and apply for COS. I hope you are aware of H-1B interview mess in India,

[Attorney_11]

It would be advisable to set up a consultation with a qualified immigration attorney to review allowances and interpretations of the law which would permit a COS and travel, depending on the timing of applications.