A unique H4-H1 scenario while wife is in India

[mechos]

I have gone through several threads and have a general idea but I have some additional variables in my situations and would like to seek the help of experts here.

The scenario:
My H1 and my wife H4 are both expiring in end of Sept 2014.
My wife is currently in India.
We have also applied for her H1 this year

Question:
Currently my wife is planning to come back here sometime in December and our son is undergoing much needed therapy in India. So assuming say she gets her H1 and her current H4 would expire end of September, what is the best approach for here return and start working say from Jan 2015 onwards on a H1. I would very much prefer her to go for stamping for a H4 rather than a H1, so even if she say gets her H1 before Sept end, can I still apply for her H4 extension in Sept, she can get her stamping for H4, come here and do a COS to H1?

[mechos]

Would really appreciate some expert comments on our situation, thanks in advance.

[raghvi]

Would really appreciate some expert comments on our situation, thanks in advance.

When was your H1 extension filed if at all its already filed? If not yet filed when are you planning to file it?

[mechos]

When was your H1 extension filed if at all its already filed? If not yet filed when are you planning to file it?

My H1 and her H4 both are expiring end of September and I will be filing for my H1 extension sometime beginning of September usually in Premium processing.

[mechos]

Would appreciate some insights from experienced gurus.

[raghvi]

Would appreciate some insights from experienced gurus.

I dont see any issue in your wife applying H4 visa along with your extended H1 petition, and once in US she can use the approved H1 petition to have her future employer file for her COS.

This is my opinion not legal advice.