Travel while H4 to H1B case is in RFE

[srenushekar]

Hello, 

My wife is on H4 visa, her client applied H1B that got RFE and we need to be responded before Oct 30th 2013. Unfortunately she traveled to India bcz of family emergencies, she is planning to come back around 24th of Oct. Here I have few questions as below 

1. Planning to come early(before H1B decision) to avoid stamping. I heard that when she left the country I94 was invalid even if she comes early & get the approval either she needs to get the stamping or reapply for change of status. Here I think reapply for COS would better option than stamping.. what do you suggest? 
 

2. We haven't responded back to USCIS on RFE, people said if she comes before responding to RFE better include new I94.. Is it necessary to include new I94 in RFE documents? What if she comes after responding to USCIS? 
 

3. Please suggest me the best that we can do now?

[omshiv]

Never travel when doing a COS! Get in touch with an Attorney. "Family emergencies" thats the typical reason/excuse...not valid anymore.

[pontevecchio]

Why is the prospect of getting a H1 visa so painful? Secondly is the client intending to pay again for the H1 filing because a COS to H1 involves a new H1 petition.? wHAT DOES THE EMPLOYER SAY AND WANT?