My 3 year H1b visa is expiring on Sep 7th. I am going to India from Aug 1st to Aug 30th. My company lawyer told that if they file for extn now, it would get void if I enter back with I94 based on old visa.
So she told to come back with the old visa and apply for extension on Aug 30th with new I94.
1) Is it safe to travel like this close to Expiry date?
2) What do I tell the officer at POE? "That an extn would be filed as soon as I get back"?

My wife is planning to move from H4 to F1 (stamping in India) during this trip. Her friends told her that H4 to F1 would be rejected if spouse GC processing has started. My GC state is I140 approved, need to file I485 (my PD/CD is Sep 07/Oct 05). Should she try for H4 to F1 this trip or is it advised to come back in H4 and apply for COS here?