H4 to H1B - India Travel

[reddis]

Hi all,

My wife's H4 expired in Dec-10 along with my previous H1-B. My company applied for my H1-B extension and I recently got an approval from USCIS.
For my wife another employer applied for H1B and the visa application is in process.

I would like to know if both of us travel to India in Feb-11 and come back in Mar-11, would she be eligible to come back to USA under H4 visa, provided her H1-B doesn't get approved by that date and we get her H4 stamped?

Also to mention, I didn't apply for H4 visa extension along with my H1-B.

Thanks for everything.
-Husband

[txh1b]

She can get H4 anytime and return on H4 irrespective of the H1b getting approved. Only cause of concern is since you have not applied for H4 extension, if H1b gets denied, she would have accumulated illegal status since the day of her I-94 expiration.

If you travel outside on a pending application, the COS is considered abandoned.