H4 to H1 conversion

[prem_112]

Hi, my future wife is in India now. She applied for H1B in 2008. It got approved but she did not go for stamping. Post marriage, I'm planning to bring her to the US on H4. After 2-3months, if she plans to work, can she directly work using her H1? What is the actual procedure to transfer H4 to H1 and how long
will it take?

[sk4ih]

she has to apply for change-of-status using I-539 form and other supporting documents. Once approved, she can start working on H1.

[milda]

sk4ih:

I have also one friend in same situation. So, will it be like h4-h1-h4 to again h1 kind of situation? Because, I know that h1-h4 to again h1 - the COS process is somewhat difficult process. Means, until again h4 to h1 not getting approved, the person can't start work. So here in this thread's situation, can the person who is on h4, start looking for the job? And once find something, just apply for I-539 and can start working even h1 not approved yet???

she has to apply for change-of-status using I-539 form and other supporting documents. Once approved, she can start working on H1.

[sk4ih]

No, you've to wait for approval of COS.