Question on H4 to H1B

sguntupa

Registered Users (C)
Hi,

My wife is currently on H4 visa and I am planning to get her H1B filed on April 1 st 2007. She is planning to travel to India in June/July 2007 and come back to US after 3 months. I have the below questions:

(1) Will there be any immigration issues if she leaves US after H1B gets approved and comes back on H4 visa rather than on H1 visa ?

(2) Her current H4 visa expires Aug 31 2007. I will be filing for H4 extension in April first week. Since H4 expires before OCt 2007, is there a possibility of H1B getting approved without I-94 ? If that is the case what options does she have to work after Oct 2007 ? Can she file for an adjustment of status again or does she have to leave US and re-enter after getting H1B stamped ?

Thank you.
 
Top