Seniors help-H4 to H1

[novice2007]

Hi friends,

My wife would be coming into the US during April 2008 on H4.

she is being offered H1B by a community college, so does not come under the 2008 quota.

The college would be filing her papers only in April 2008 after her arrival.

My questions are:

1. Would she be expected to journey back to India to get her H1B stamped before she could start working?

2. And would she expected to start working only from October 2008?

3. Would her case be one of COS and so what are the conditions in terms of joining duty - like she could only start working from October 2008 or she could any time immediately after approval of H1B?

I would greatly appreciate all of your replies and inputs.
Regards.

[waitin_toolong]

if the H1 is filed as cap-exempt H1 and with COS then she can start work as soon as it is approved. though USCIS may not grant the COS if they see a reason for it, then she will have to get a stamp.

She does not have to wait till Oct 2008 but can start work as soon as H1 is approved... if it is cap-exempt. But only if the approval comes with a new I-94

[novice2007]

doubt on I-94

Thank you senior!

So, my wife would receive a new I-94 along with the H1B approval notice, if she is exempt from the cap 2008?

If she does not receive a new I-94 along withe the H1B approval notice, should she go back to India to get it stamped in order to start working? That's scary interms of air tickets....

Please explain.