My wife has plans to convert from H4 to H1 this fiscal year.We found an employer willing to sponsor her H1.Can she visit India and be back on a H4 stamp(since her stamp has expired),while at the same time having her H-1B being processed in parallel here in US?Our prospective employer says she might run into a risk at the port of entry since she might then have a status problem as her H1 is being processed but she has a H4 stamp in the passport.Is it mandatory that she doesn't travel during H-1B processing?
Also,I've read there are issues at consulates in India with H4 stamping.I'm with a service-based company,doing projects with clients.What kind of risks we have? If we have to the start H1 filing only after she comes back,the delays at consulate might risk the H1 quota running out.Thanks