I am just taking a logical approach to answer your question. I am not 100% sure about this.
(1) If she is travelling alone and has a valid H4 , then there should be no problem
(2) If you both are travelling together and:
(a) If you have your new H1 stamped in your passport , then it could be an issue while coming back
(b) If you haven't gotten your new H1 stamped in your passport and your previous employer had not cancelled your H1, then there should be no problem
Solution for 2a :
(1) send the documents to St. Louis and get it stamped with new H4 before travelling (this would take approx. 6-8 weeks)
(2) If you can't postpone your trip, get it stamped in India.
Please read the first sentence once again.
BTW, I have some questions for you. Hope you could help me on that.
(1) For how long your wife was on H1 with project.
(2) For how long she was on H1 without project and without pay.
(3) Did you get any layoff letter from her employer / did he cancel her H1 (which option is better and safer for us)
(4) When did you apply for her H4 and how long did it take to get the approval from INS
(5) Will INS ask for paystubs for H1 to H4 transfer.
(1) If she is travelling alone and has a valid H4 , then there should be no problem
(2) If you both are travelling together and:
(a) If you have your new H1 stamped in your passport , then it could be an issue while coming back
(b) If you haven't gotten your new H1 stamped in your passport and your previous employer had not cancelled your H1, then there should be no problem
Solution for 2a :
(1) send the documents to St. Louis and get it stamped with new H4 before travelling (this would take approx. 6-8 weeks)
(2) If you can't postpone your trip, get it stamped in India.
Please read the first sentence once again.
BTW, I have some questions for you. Hope you could help me on that.
(1) For how long your wife was on H1 with project.
(2) For how long she was on H1 without project and without pay.
(3) Did you get any layoff letter from her employer / did he cancel her H1 (which option is better and safer for us)
(4) When did you apply for her H4 and how long did it take to get the approval from INS
(5) Will INS ask for paystubs for H1 to H4 transfer.