F1 to H4 while in outside the country... will really appreciate your help!

[s34rch]

My wife is on OPT right now which is expiring on May 18th 2013. She hasn't found anyone one to sponsor her H1 or J1 so I am planning to have her on my H1 which is under process(application submitted January 1st). Due to some unavoidable circumstances, she has to travel to India on April 20th and come back on May 2nd. So considering that he OPT will be valid till May 18th plus 2 months of grace period, do you think the immigration officials will let her enter? She will quit her current job on March 31st, but she has been involved with some research with her University and will continue working on it after she gets back. If I start her H4 processing which I have heard may take anything between 3 to 6 months, she won't be able to come back atleast till July. So what are our options. We are desperately looking for a solution.

Thanks!

[kabkaba]

I would not recommend that plan. She is only allowed to return in F1 status (OPT) if she has a job. With such a short duration of OPT remaining and since she does not have a job when she returns, she may face problems at POE. Better option is to upgrade your H1 petition to premium so that you will get the decision by her return date. She can then apply for H4 Visa while abroad and return in H4 status.