I-131 and H1 dliemma

[aalapsha]

I am a US citizen and my fiancee is on an H1 status. We will be getting married soon and we are filing the I-130, I-485, and I-131 to get a green card for my her.
I understand that the I-131 is not necessary to file because she has an H1 and also we are filing the I-485.
However, when we travel to India this Dec for a visit, we're not sure whether her H1 visa will get stamped. If it gets rejected then we're uncertain what to do. Will an I-131 help her travel back the the US in that situation?

What if we don't get the I-131 in time and her H1 also gets rejected in India? What would be our approach?

My fiancee came to the US on a visitor's visa which was converted to an F-1 visa. Then she found employment and obtained the H-1 status. We were thinking that maybe she could go to Canada to get her H-1 stamped right now so that she wouldn't have to worry about it getting rejected in India in Dec. Is the US consulate in India more strict than that in Canada? Is it possible to be more confident about getting it stamped right now in Canada?

Thank you,
Al

[harichem]

Why don't you get your Advance Parole before you think of going to get your Visa stamped at Canada. This way, even if your H1 staping gets rejected at Canada, I think you can travel back to US with your AP.

Actually, once you have your AP you don't even need to get your H1 stamped and you can travel to India and come back to US with your AP. Good luck!

PS* I'm NOT a lawyer. Just double check this scenario with your Attorney though. If I were you I will also apply and get the AP, just to be on the safer side.