Change of Status from H4 to H1B

[Bradley]

My wife and I traveled to US on our individual H1B visas. After working for about a year, my wife moved to H4 visa as my dependent. Her H1B visa was for 2 years, based on the dates on the VISA stamp it would expire end of Nov-2014. My now wants to get back to work and is currently looking for some project and has vendor company who has agreed to initiate her Change of status to H1B once she clears the client interview and the client issues an offer letter. However the interview process may extend beyond Nov-2014. Does this mean that her COS (Change of Status) cannot be initiated? OR she can move from H4 to H1B any time during the 6 years of her H1B visa.

Please advice.

Regards
Bradley

[raghvi]

My wife and I traveled to US on our individual H1B visas. After working for about a year, my wife moved to H4 visa as my dependent. Her H1B visa was for 2 years, based on the dates on the VISA stamp it would expire end of Nov-2014. My now wants to get back to work and is currently looking for some project and has vendor company who has agreed to initiate her Change of status to H1B once she clears the client interview and the client issues an offer letter. However the interview process may extend beyond Nov-2014. Does this mean that her COS (Change of Status) cannot be initiated? OR she can move from H4 to H1B any time during the 6 years of her H1B visa.

Please advice.

Regards
Bradley

Visa, petition , status, i-94 are all different things.

Though her visa will expire, she would remain cap exempt up till 6 Years from her last held H1 status that is 6 years from her last pay stub in H1. So an employer can file a cap exempt H1 for her to convert from H4 to H1 by filing a COS.

This is my opinion not legal advice.