H4 to H1 COS

[Susovan Samanta]

Hi,

My wife has h4 stamped. But she never travelled to USA. Now I am planning to file H1 through a consultancy here. If she is coming here in Jan 2016 and we file on 1st April 2016 in this case does she need to go back to India for h1 stamping? Or COS will work for her?

Thanks,
Sam

[shervin143]

If H1B petition is filed as a COS from H4 and if the H1B approval notice comes with a new I-94 (COS), then there is no need to get the H1B visa stamped to begin working. She can start working for the H1B employer from the H1B effective date (Oct 1st). If the H1B gets approved for consular process (without a new I-94 attached to the approval notice), then she will need to leave the country, get the H1B visa stamped and return back in H1B visa to work for the H1B employer.

[Susovan Samanta]

If H1B petition is filed as a COS from H4 and if the H1B approval notice comes with a new I-94 (COS), then there is no need to get the H1B visa stamped to begin working. She can start working for the H1B employer from the H1B effective date (Oct 1st). If the H1B gets approved for consular process (without a new I-94 attached to the approval notice), then she will need to leave the country, get the H1B visa stamped and return back in H1B visa to work for the H1B employer.

Thank you