H4 to H1B, questions...

[pswar]

I am on H1B and my wife is on H4 as of now. My wife got an offer and that company is going to apply for H1B after April 1st, with start date of Oct 1, 2007.

We have plans to travel to india after her H1B is applied, so we are going for visa stamp(since both of our existing visa stamps are expired) with her H4.

We probably go to mexico/canada before we leave or we get the stamp in india when we are in india.

Now, my questions are...

1. Does she need to get a new stamp using H1B approval if she gets it before we return from india?

2. If she comes back before Oct 1st, should we use H4 to enter(H4 would be mentioned on I-94 card) or H1B to enter? I don't think she can enter using H1B since the start date would be after Oct 1st, right?

3. If she enters after Oct 1st then she needs to use H1B approval, and get H1B on her I-94 card. Right?

4. Does switching from H4 to H1B demand a new visa stamp in the passport using H1B approval?

I need above clarifications.

Also, please let me know if we have to take any other precautions so we don't get into problems. I would love to hear from anybody who been through this.

Thanks

 

[ginnu]

I am on H1B and my wife is on H4 as of now. My wife got an offer and that company is going to apply for H1B after April 1st, with start date of Oct 1, 2007.
-----------------is employer/lawyer going to file NEW H1 or H4 to H1 change of status??

We have plans to travel to india after her H1B is applied, so we are going for visa stamp(since both of our existing visa stamps are expired) with her H4.

We probably go to mexico/canada before we leave or we get the stamp in india when we are in india.

Now, my questions are...

1. Does she need to get a new stamp using H1B approval if she gets it before we return from india?
--------------that depends when she wants to enter US.
2. If she comes back before Oct 1st, should we use H4 to enter(H4 would be mentioned on I-94 card) or H1B to enter?

I don't think she can enter using H1B since the start date would be after Oct 1st, right?
--------------you are correct
3. If she enters after Oct 1st then she needs to use H1B approval, and get H1B on her I-94 card. Right?
------------if she is out of US and gets her H1 approval notice then she should get H1 so that she enter on H1 status
4. Does switching from H4 to H1B demand a new visa stamp in the passport using H1B approval?
----------------if employer is filing H4 to CHANGE OF STATUS then if she is in US she will get H1 approval notice with I-94 attached and can start working but if she goes out then she need to get H1 visa stamp to enter on H1 status.
** FYI if H4 to H1 COS is filed and she goes out of US then COS is abandoned
READ
http://www.uscis.gov/files/pressrelease/Travpub.pdf
I need above clarifications.
Also, please let me know if we have to take any other precautions so we don't get into problems. I would love to hear from anybody who been through this.
-----------------------------------------better post the expected date when she wants to go out of US and when she wants to come back to US from India trip

Thanks