Amendment from H4toH1 Vs Stamping in Canada/Mexico

[milleniumpr]

Hi,

My wife's H1 application was picked up this year lottery. At the time of submitting her application, she was in India and therefore employer had filed her H1 on consular
processing. She is back to US now on her H4 dependent visa. I would like to clarify few questions.

1. Can her application file for amendment from H4 to H1 not going to US consulate for stamping? If so what are the possibilities to get the amendment done? Is there any
risk of refusing/rejecting amendment? We are OK if any premium processing allowed for amendment. Her approval letter doesn't come with I-94.

2. When i talk with her employer, they are suggesting her to go consulate in either Canada or Mexico to get her H1 stamped. I think the employer would have filed her
H1 application on consular processing by choosing Chennai consulate. If so, is it OK to her to go Canada/Mexico for stamping since she is US? I'm here on H1 extention
( My visa was expired on July 2007 ) but wife had got her H4 stamped with my current employer when she had visited India and got validity until 2010. In this case,
I can not acompany with her to Consulate. Just wondering do i need to acompany her to consulate since she is here in H4 dependent visa?

3. If some reason if she do not get her H1 stamped in Mexico/Canada, Is there any problem to come back US? Which one do you recommand us to do comparing above options ( Amendment Vs Canada/Mexico ) ?

4. For suppose we have booked an appointment in Consulate Canada, later want to change to Mexico , would it be possible?

 

[manwithnoname]

Have you talked to your wife's employer on amending the H-1B application? If she travels to in Canada / Mexico for visa stamping and suppose the application gets rejected, then she has to re-apply for H-4 appointment. If the consulate does not cancel the H-4 then she can return to US immidiately. The appointment system in Canada and Mexico are different - so I guess, you can cancel one application and book another.