H4 to H1 COS

[leadfoot55]

Hi,
I am in India and got a valid H1 in 2011 quota. I will be joining company in Jan 2011. My wife has also got H1 approved from another company, but she wont like to start working right now.
My question:
Is it possible for her to enter US on H4 and in 4-5 months time do a COS from H4 to H1.

I heard that if you got H1 in India then you need to go back for H1 stamping if you do H4 to H1 COS. Please verify.

Our goal is that she enters US on H4 stamping and then later on does COS from H4 to H1 when she starts working. Also we don't wnat her to go to India just for H1 stamping before she cna start working.

[shervin143]

Possible. The COS from H4 to H1B should get approved for her to start working for the H1B employer.

[leadfoot55]

Please elaborate on part of coming to India for stampimg

[shervin143]

To work in H1B, you need to be in H1B status. COS means change of status. So when COS gets approved, you can start working. Visa is just an entry document to U.S. When you enter U.S in H1B visa, your status will be H1B (You will get an I-94 associated with H1B at the POE). It is the same when the COS to H1B gets approved as the COS comes with a new I-94. You will need to get the H1B stamping done only when you have to leave the country and return back on H1B.

Please elaborate on part of coming to India for stampimg