H1 filed as change of status petition instead of consular petition

[pujaa]

My husband's H1 visa application was filed as a change of status petition. He is currently on H4 but will be visiting India from May till October, so I wish to ask if the change of status petition will automatically become a consular petition once he surrenders his I-94 while leaving USA?

Also can he enter USA before October if needed on his H4?
Obviously it is all relevant only if H1 is selected in the lottery. But I just wanted to know beforehand.

 

[ginnu]

My husband's H1 visa application was filed as a change of status petition. He is currently on H4 but will be visiting India from May till October, so I wish to ask if the change of status petition will automatically become a consular petition once he surrenders his I-94 while leaving USA?

Also can he enter USA before October if needed on his H4?
Obviously it is all relevant only if H1 is selected in the lottery. But I just wanted to know beforehand.

if one goes out while petition is pending Change of status is abondned not extension

http://www.uscis.gov/files/pressrelease/Travpub.pdf