Travelling to India while on H4

[as27429]

Hello All,

 

I have searched for my topic across forums and see conflicting views.Please clarify.

 

My wife is on H4 now (not stamped).

 

We applied for H1 in April 2013 through COS and premium and got approved H1 with start date from oct 2013.

 

Due to her mothers sickness she needs to travel to india for couple of months,

Jul-2013 &  sep-2013 in H4 visa.

 

I guess when she returns back in September/2013 she needs to go for H4 visa stamping.

 

Now most of forums state that once she is back in US , her earlier approved cos from H4 to H1 cannot be applied

and she has to apply for COS to H1 so that she can work from Oct1.

 

Please clarify

[as27429]

Additional Note

 

We applied for

1) L1b -> H4 COS

2) L1b -> H1B COS during April 2013

[pontevecchio]

She might as well get the H1 visa and return up to 10 days before October,1 in H1 status.

[as27429]

Hi pontevecchio,

 

I wish I could take that chance..however hers is a new employer and we are not sure about any issues:(

That's why she is starting before oct on H4