H4 to H1

[murali.australia]

I am Currently in US on H1B Visa. My wife is in India now and She got her h4 stamping recently. Her H4 Visa is valid until 09/30/2015. She is planning to come in the second week of May 2015.

In the meantime, She found a job with a company here in US and they are willing to file for her H1B this year

My queries are:

1. Is it required for her to enter US on H4 before we submit her H1B petition? Do we need to provide her H4 port of entry stamp from Passport (or I-94) when her H1B is filed?
2. If she enters US "after filing H1B and before it is approved", is it required to re-enter US after October and get a new I-94?

[jairichi]

1. Only if H1B petition is filed as change of status (COS) then her presence is required before filing. Otherwise no.

2. Yes, to move to H1B.