H4 application after denial of F1 OPT stamping

[krishanubardhan]

Hello,

My wife is currently working in US based on F1 OPT which is valid until Jun 2016. He has to travel to India late Feb 2016. Now, what will be the best option to come back to USA as early as possible:
1. Stamping of F1 OPT - But, if the stamping gets denied, how soon can her H4 be applied (I have my H1 visa and I-140 approved)?
2. While staying in India, apply her H4 (while I am in USA) - can H4 application be done in Premium? This will not have the chance of F1 OPT stamping denial but may take longer time for H4 application & stamping since I need to come back to USA and initiate this.

Any help/guidance will be appreciated. Any other option is also welcome.

Thank You.

[shervin143]

1. Stamping of F1 OPT - But, if the stamping gets denied, how soon can her H4 be applied (I have my H1 visa and I-140 approved)?
>>> Can apply immediately.

2. While staying in India, apply her H4 (while I am in USA) - can H4 application be done in Premium? This will not have the chance of F1 OPT stamping denial but may take longer time for H4 application & stamping since I need to come back to USA and initiate this.
>>> Not sure what you are asking. Are you asking about H4 application (F1 to h4 COS) filed with USCIS or H4 visa filed with U.S consulate? You cannot file H4 application for someone who is not currently in U.S. And there is no premium for H4.