Moving from H4 to H1

[mjanagama]

Hi All,

I have moved to US on my H1 recently and planning to bring my spouse in next month on H4 visa.
However her H1B petition was picked in the lottery this year.

If she comes here on H4. What would be the process to move her to H1?
Or is it better to bring her on H1B?

Thanks,
M

[raghvi]

Hi All,

I have moved to US on my H1 recently and planning to bring my spouse in next month on H4 visa.
However her H1B petition was picked in the lottery this year.

If she comes here on H4. What would be the process to move her to H1?
Or is it better to bring her on H1B?

Thanks,
M

If her petition has got picked up, and her employer has work for her starting 01-Oct-2014, then she can either come on H4 and do a COS from H4 to H1 or go for H1 stamping and enter US on H1 around h1 start date. Generally folks find it easier to do a COS from H4 to H1 as it avoid going for visa stamping interview immediately.

Whats her H1 sponsor/employer saying? Are they fine with a COS while in US or would want her to go for h1 stamping?

This is my opinion not legal advice.