My wife is in US on H-1B for past 5 years and has about 9 months remaining on her H-1 now. She was admitted to Santa Clara University for MS in CS and wants to take it up.

I am working on F1-OPT right now.

1. She plans to go to India in July for her F-1 stamping. She has never applied for I-140 and was never out of status. Both our parents are living in India, and I also own property there. We have enough funds for her studies. What are the chances of her approval of visa? Does she have a higher chance of getting denied under 214(b) due to her time in US?

2. Does she have a better chances with COS to F1 within US? Is there less risk in going for stamping once she starts school and attends a semester or two after COS?

3. Anything we can do to lessen risk in either option?