Query On traveling of H1B pending

[Joe03]

My H1B extension is pending in Oct 2013 and wife got H1-B approved in Oct 2013.Due to personal reasons She traveled to India in Oct 2013 with her approved H1-B and during my H1-B is pending.

 

1) Is there will be any issues if she want to return to US on new H4 Visa stamping at USA Consulate?

2) She had previous Employer's H4 stamping(Valid till 2014) on Passport.Is she can come on this without going for new H4 Stamping?

 

Please advise...

[jairichi]

My H1B extension is pending in Oct 2013 and wife got H1-B approved in Oct 2013.Due to personal reasons She traveled to India in Oct 2013 with her approved H1-B and during my H1-B is pending.

 

1) Is there will be any issues if she want to return to US on new H4 Visa stamping at USA Consulate?

2) She had previous Employer's H4 stamping(Valid till 2014) on Passport.Is she can come on this without going for new H4 Stamping?

 

Please advise...

1 & 2. She can enter on H4 only when your H1B extension is approved.

 

Also, when she enters on H4 and wants to work on H1B then employer has to file a COS petition and pay H1B fees. I doubt her employer would be interested to apply for COS.

[Joe03]

Thx for reply.My H1-B extension is approved.