Status change from H4 to H1 and associated travel during the petition processing

[shalein]

My wife is currently on H4 visa and her new petition for H1b visa (applicable from 1st october 2005) is under progress. She is planning to go to her home country by the end of July for 4 months and planning to come back on December 1st .
1. Is it ok for her to travel during this period when her petition for H1 is under progress?
2. If the petition comes , can I mail to her at her home address in her home country so that she can go to the nearest US consulate there and get h1 visa stamped?
3. Is it equivalent to new H1 visa subjected to 2005 cap ?
4. When she surrenders her current I-94 on airport at the time of departure, does that interfere with the petition in progress?
5. If her H1 petition is rejected, can she come on her old H4 status?
6. If H1 petition is accepted , can she still come on her old H4 (I have heard in some cases INS wants paystubs and other technical evidences while a person is in a country outside US).
Thanks

 

[great guru]

My wife is currently on H4 visa and her new petition for H1b visa (applicable from 1st october 2005) is under progress. She is planning to go to her home country by the end of July for 4 months and planning to come back on December 1st .
1. Is it ok for her to travel during this period when her petition for H1 is under progress?
2. If the petition comes , can I mail to her at her home address in her home country so that she can go to the nearest US consulate there and get h1 visa stamped?
3. Is it equivalent to new H1 visa subjected to 2005 cap ?
4. When she surrenders her current I-94 on airport at the time of departure, does that interfere with the petition in progress?
5. If her H1 petition is rejected, can she come on her old H4 status?
6. If H1 petition is accepted , can she still come on her old H4 (I have heard in some cases INS wants paystubs and other technical evidences while a person is in a country outside US).
Thanks

Your query was answered in SESA forum.

 

[ginnu]

My wife is currently on H4 visa and her new petition for H1b visa (applicable from 1st october 2005) is under progress. She is planning to go to her home country by the end of July for 4 months and planning to come back on December 1st .
1. Is it ok for her to travel during this period when her petition for H1 is under progress?
------------------------------ If she goes out of US while Change of status is pending then COS as abandoned ( I dont know if it was filed COS from H4 to H1 talk to your lawyer)
2. If the petition comes , can I mail to her at her home address in her home country so that she can go to the nearest US consulate there and get h1 visa stamped?
3. Is it equivalent to new H1 visa subjected to 2005 cap ?
4. When she surrenders her current I-94 on airport at the time of departure, does that interfere with the petition in progress?
------------- COS is abandoned I-94 departure record goes to USCIS
5. If her H1 petition is rejected, can she come on her old H4 status?
------------ if she has H4 valid Visa and you are on H1 status
6. If H1 petition is accepted , can she still come on her old H4
----------- if she enters with H4 visa stamp she will be on H4 status
(I have heard in some cases INS wants paystubs and other technical evidences while a person is in a country outside US).
Thanks