H4 to H1 please help urgent

S

smajeti

Registered Users (C)
Hello

I am applying for H1 for my wife and she is currently in US. But we are planning to go to India in May. My question is Should I apply for H1 now or after we come back from India. I was told that if we apply for h1 now and if she leaves the country then the I94 is no longer valid and when we come back to US, she has to go out again and get stamped on her H1.

Please help.
 
If she left the US BEFORE decison on COS is made, she needs to get stamp before starting working. If she left after COS is approved, attached I94 is still valid.
 
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