Query on H4 To H1 transfer and travel related

[post2ramki]

Hi,

I am staying on H1 extension (valid till sometime in 2015) and my stamped expired in mar 2013. My wife's (H4) visa also expired in mar2013, but she is staying on H4 Extension.

In 2014 H1B cap, her H1b application is selected in lottery and it may get approved sometime in May/June 2013 with the COS.

My first query: If my wife travels to India (sometime in JUL/AUG 2013) after the H1B approval and gets her H4 stamped and come back to USA before the end of August 2013. Can she start working on H1B approved or does she require a conversion of status again? I am asking this question as i am doubting a bit on her new H1b stamping.

Please let me know the options for her to travel india in this situation.

Second Query: This one is not related to her travel. If my wife gets the H1B approval, does she require to start working immediately from Oct 1st or she can wait for couple of moths and start? If she can wait for couple of months what happens to her status?

Thanks in Advance

[pontevecchio]

1. Yes

2. What does the employer say?

[post2ramki]

Thanks for your reply pontevecchio.

1. Yes

When you say 'yes', does she require the COS again after entering on H4 Visa to work? please clarify.

2. What does the employer say?

Employer is saying he can wait for a month. what does it mean? the employer has to run the pay cheks for that month (even though she has not started working)?

[pontevecchio]

1. NO.

2. The employee /NOT THE EMPLOYER has up to 60 days to report under her circumstances. Why the delay? I am asking you?