H4 to h1 COS with old H1 approval

[sureshvit]

My Spouse got H1b approval on Oct 2008 bcz of the bad economic condition she didn’t attend the Visa Interview for H1b. She came to US in H4 Visa in 2009. Is her H1B approved on Oct 2008 is till valid ? If yes, Can she apply for COS from H4 to H1 using old H1 approval ? Please Help.

[shervin143]

Check the validity of the H1B petition in the approval notice (I-797).

[DMX17]

COS is possible. The spouse's employer can apply for COS any time and the H1 will not be counted against the cap. This will give her a new H1 apporoval, upon whicht he status changes to H1 and all H1 rules for maintaining status apply from that point on.

[sureshvit]

Check the validity of the H1B petition in the approval notice (I-797).

Hi Shervin, My Spouse's H1 is valid till Oct 2011. Thanks for your reply.

[kabkaba]

Her employer can apply an amendment petition to change her status. Alternatively, she can travel out and return with H1 visa using her approved petition. All this assumes her employer wants her on the job.
Also, any other employer can file a cap-exempt petition for her requesting immediate start date.