Is amendment possible for I94

[amitgpandey]

Hi Guys,

I am in process to file H1 for my wife, who is currently in India and have a valid H4. The petition will be filed in April first week but she can not come to US before 20th April. In this case we can not go for COS as she does not have a valid I94 yet. Is it possible to file and amendment for COS with valid I94 after the petition is already submitted to USCIS? Or she can enter US on her H4, in October she can go back, get her H1 stamped and then again come back?

Thanks in advance, please reply me if any one of you have any clue about it.

Regards,
Amit

[kadkhiq81]

Is amendment possible for I94

Your wife H1 can be applied as a consular process if she is gonna be here on April. Once it is approved, It can be converted as COS from H4 to H1. She does not have to go for h1 stamping.

This is my opinion.