H4 to H1B tranvelling to India

[mail2pgs]

Hi
My husband is on H4 visa (Change of status from L1) .Now one compnay is ready to apply H1B for him in this FY. We are planning to go to India next month for some family reason. My question is if they apply H1B with premium processing and it is approved then can he stamp his H1B in India ? or he needs to stamp his H4? The H1B starting date may be Oct 2011, so if he come back in H4 with new I94 is there any problem? Or is there any problem if we travel back to India while his H1B application in pending status?
Experts, please help
Thanks
PGS

[shervin143]

It is never advisable to travel out of the country if the H1B is filed as a COS from H4 to H1B unless he is planning to get the H1B stamped and return back only 10 days prior or after the H1B effective date. The reason is, as per regulations all the I-94 should be returned when you leave the country including the one that comes with the approval notice. If he returns back in H4, he will get a new I-94 at the POE that is associated to H4 status and his status might automatically change to H1B on Oct 1st but he will not have a corresponding I-94. So it is never advisable to travel if the H1B is filed as a COS.