H1 to H4 transfer

[harsh_nanchahal]

My wife has a valid H1B petition not stamped. Can i apply for H4 visa and in that case will her H1 become invalid if i want her to travel to US for couple of months.
how do the US govt track this.

[kabkaba]

The H1 petition remains valid as long as USCIS or her employer do not revoke it. Her status is determined at the port of entry and accordingly an I-94 will be given to her.
If she wants to work for the H1 employer after coming to US in H4 status, either her employer will need to file amendment petition to change her status to H1 or she can leave the US, obtain H1 Visa and return in H1 status. Also, since she is cap counted, any employer can petition for her without going through H1 cap.