Change Of Status from H4 to H1

[vijayk1930]

Hi All,

I applied H1 for my wife while she is on H4 in India. After two moths(June) she came to US. Recently(December) H1 is approved after submission of RFE Response.

But The extension of I94 is not granted as she was not in US at time of filling.

Her H4 I-94 is expiring on 22nd Mar 2013.

How to get new I-94, can we again ask USCIS regarding this?

Please help me on this?

[raghvi]

Hi All,

I applied H1 for my wife while she is on H4 in India. After two moths(June) she came to US. Recently(December) H1 is approved after submission of RFE Response.

But The extension of I94 is not granted as she was not in US at time of filling.

Her H4 I-94 is expiring on 22nd Mar 2013.

How to get new I-94, can we again ask USCIS regarding this?

Please help me on this?

Her H1 employer would need to file for a H4 to H1 COS again.

This is my opinion not legal advice.

[vijayk1930]

Her H1 employer would need to file for a H4 to H1 COS again.

This is my opinion not legal advice.

Raghvi, Thanks for your reply.

I tried with the employer to apply for COS, but he is asking $5000(almost H1B fee). so I thought abt stamping in India. But my friends are suggesting me to apply for COS instead on stamping. but the employer charging too much. Can we transfer the petition to other employer to apply COS status through them? means i am looking for an employer who can apply COS with their own expenses. please reply.