H4 to H1B CoS ( H1B petition is approved )

[mail4hemanthr]

Hi,
My spouse is on H4 and got new fresh H1B petition approved for the same employer for which she is on Leave. How long does it take to get Cos from H4 to H1B and can work. And, what are all the procedures? With the current available approved H1B petition, while applying for CoS, is there a need to get an another H1B during this procedure of H4 to H1? ( i mean a new petition need to be issued? ).

I know there is another simple solution of going to origin country and to get visa stamped. But, i am looking for CoS and the duration involved for it.
Thanks in advance

[kabkaba]

Her employer will need to file petition amendment to change her status. It can take 2 months in regular. Once her status is changed she must begin working immediately.

[pagala]

H4 to H1 COS vs New H1 Visa

I wanted to know which one is a better option :-

H4 to H1 COS

or

New H1

as for COS, i understand applicant can not travel outside US untill H1 petition gets approved as COS will get abandoned, which means you are stuck in US till OCT ( that is when COS comes into affect).

only thing that u save is Stamping of H1 visa, which anyways you have to do next time you travel to home country.

So, I am trying to weigh how is H4 to H1 COS a better option than filing a new H1 visa??

[kabkaba]

Answered in your own thread.