H4 Visa from UK to H1-B - Stamping needed?

[mail2usa]

I'm currently working in an company in US on H1-B visa.I recently got married and my husband is presently working in London,UK (until July mid 2016). A consultant had suggested that they would file an H-B for my husband if he's on H4. Hence the plan is for him to file for H4 from UK and come to US in March(2016) using the above H4 for 10 days holidays and then get back to UK post that.In the mid of July, he would be returning to India (as his onsite duration would be completed).

If his H1 gets picked up in lottery, then he would be coming back to US (second time) by the mid of August in H4 itself again. So, my questions are:
1. Would there be any complications while filing his H1 this year?
2. Will he have to go to India for the stamping?
3. What are the documents needed to file for H4 in this scenario?
4. What are the documents needed to then later file for H1-B?

Your suggestions are highly appreciated.

[raghvi]

I'm currently working in an company in US on H1-B visa.I recently got married and my husband is presently working in London,UK (until July mid 2016). A consultant had suggested that they would file an H-B for my husband if he's on H4. Hence the plan is for him to file for H4 from UK and come to US in March(2016) using the above H4 for 10 days holidays and then get back to UK post that.In the mid of July, he would be returning to India (as his onsite duration would be completed).

If his H1 gets picked up in lottery, then he would be coming back to US (second time) by the mid of August in H4 itself again. So, my questions are:
1. Would there be any complications while filing his H1 this year?
2. Will he have to go to India for the stamping?
3. What are the documents needed to file for H4 in this scenario?
4. What are the documents needed to then later file for H1-B?

Your suggestions are highly appreciated.

1. The fact that your spouse's employer will file H4 to H1 as COS, and subsequently your spouse will travel out, the COS would most likely get denied. Now, the h1 petition may still get approved. You have to understand the difference between H1 approved with COS and H1 approved as Consular process.
2. To avoid that your spouse's employer would have to file an amendment to convert from consular process to COS. USCIS may or may not approve it, if USCIS approves it then no need to go, but if not then yes he would have to go out of US to get an H1.
3. https://www.immihelp.com/h4-visa-stamping-documents/
4. https://www.immihelp.com/h1-visa-stamping-documents/

This is my opinion not legal advice.

[mail2usa]

Thanks Raghvi!