can my wife come back to US on O3 while H1B is approved and not stamped?

[kalakodimi]

I am currently in the US on O1 visa and my wife and daughter are on O3. We have filed H1B for my wife in April -2103and she got selected in the H1B lottery (yet to get the final approval though). We are planning to travel to India in Dec-Jan time frame. We hope that her visa will get approved by that time. My question is, can she travel to India with me on O3 and come back to US on O3, without going for H1B stamping in India? I have seen some posts online and some says its okay to come back on O3 and some says its illegal...Does her H1B be revoked if she enters US on O3 even after H1B approval? Also, if we do H1B stamping for her, can my Daughter come back to US on O3. So its like we three will have three different visa status, O1, H1B and O3. Is that fine? or are we going to have difficulty at the immigration?

Thanks
Prasad

 

[Celesteandahalf]

Dear Long December

When you get a new visa you lose your old one. You can only have one visa at a time. So if your wife gets approved for H, she will lose her O visa. And yeah, your daughter is still O3 under you. You can travel like that. Whether you will get hassled depends who's working that day and what they ate for breakfast that morning. No one can tell u that.