H4 to H1 transfer and visa stamping

[desiraj]

I transfered my H1 (wife's H4 as well) to a new company during beginning of 2007 and then My wife's H1 petition just got approved and she can start working from Oct 1, 2007. Does anybody know whether we can go to any US consulate in the mean time and get my new H1 as well as wife's new H4 stamped next month?

Even if her H1 got approved, she would be on H4 till Sept 30, 2007, right?r

[mickey_mouse]

I transfered my H1 (wife's H4 as well) to a new company during beginning of 2007 and then My wife's H1 petition just got approved and she can start working from Oct 1, 2007. Does anybody know whether we can go to any US consulate in the mean time and get my new H1 as well as wife's new H4 stamped next month?

Even if her H1 got approved, she would be on H4 till Sept 30, 2007, right?r

Many questions here.
a) if she DOES NOT have a "valid visa" on her passport now, besides the old H4 (ie: no B1/B2 visa), she needs to apply for a new H4 together with you

b) Not all consulates/embassies accept "3rd party applications" - which means: if you're in the US now, you could theoretically either go to Mexico or to Canada for a new visa stamp - or go back to India. Or you could apply in Russia, if so you would like. Problems:
1) Mexico and Canada usually have _extremely long_ wait times
2) Russian VO will not have enough information on your case to decide if they should or not issue a visa (yeah, it is all on the computers - but final decision is on the VO)
3) having an approved I-797 doesn't necessarily mean you're actually going to get your H1B - even if you have been here on H1B before

The safest bet? Go back to India, say hi to mom and pop, take a stroll along the Ganges river, apply for the H1B and H4 visas there. Come back. Be happy.

c) "Even if her H1 got approved, she would be on H4 till Sept 30, 2007, right?"
Yes - her H1B, and hence, her authorization to ENTER the US kicks in 10 days before the effective H1B start date - before that, she would need another visa for her to be legally in the US