H4 TO H1 conversion travel to india and restamp H4

[Achala]

Am planning to apply for H4 TO H1 conversion through a consultant in april 2014, am currently staying in US on H4 visa which is expired this year and i have an approved  I 797 ( basis my husband's H1) which is valid till 2016.  

Request you to help me with following questions

1) Can i travel to India next year and return to US before Oct 1st 2014 on my existing H4 Visa even after having approved H1 and COS Petition?

2) I will have to get H4 visa renewed and stamped basis my I 797( given by my husband's employer), will i face any trouble doing this if i have an approved H1 and COS?

3) If my H1 petition gets approved in april 2014 and not the COS, can i still travel to India on H4 and get it restamped basis I797 and once i return back to USA apply for COS? is it possible?

Highly Appreciate your Help,

Achala

[pontevecchio]

1. Yes if the H1 petition with COS is approved before your travel and you return before October,1.

 

2. You will not be denied a H4 visa which ONLY Depends on the credibility of your spouses H1.

 

3. Why the attempt to avoid a visa stamp? The employer will have to pay again and that suggests a nexus.