H4 to H1

[rram2012]

Hi -

I am on H1 b status in US and my wife is with H4. When she is in India, we filed H1b through an employer and she came to US on H4 even before the H1 application got approved. Now, the H1 application is approved. Can anyone suggest me what will be our next steps? can she work on that H1 approval (the H1 was filed when she was not in US, so I think she cannot work)? Can we file COS with that approved H1 petition?

Please suggest.

Thanks,
Ram

[shervin143]

Two options.

1) Leave the country, get the H1B stamped and return back in H1B visa and start working for the company that sponsored her H1B petition.

2) Any employer can file a COS from H4 to H1B using the CAP from the previous H1B approval notice (give a copy of the H1B approval notice) and when the COS gets approved (the approval should come with a new I-94 attached) she can start working.

[rram2012]

Thank you for your reply!