H4 to H1 COS: Expired

[ShamM]

Hello All,

My wife is currently in US on H4.

A consultancy applied her H1 in 2016 via consular processing and is approved.

They did not apply for COS as they couldn't find the job. The i797 expired in Jan 2017.

We have i797 in hand. Please note she has not worked a single day in the new H1. She is still in H4.

Say, she gets an opportunity in another company.

a. Can we initiate a H1 transfer with the expired i797?

b. Should the current company apply for COS. Get that approved and only then apply for transfer?

Thanks in advance.