H4 to H1B with valid H1B petition

[snambu]

Hi Everyone, 

My wife on H1B is stuck in India due to Covid-19 until recently. As US embassies are closed for H1B stamping till December end, she came back to US (2 weeks back) on H4 visa (through emergency appointment). 

She informed her employer about her arrival and the employer asked her the steps for change of status from H4 to H1B. Her H1B petition is valid till Oct 2022. She has approved I-140 and is cap-exempt. 

Can someone please let us the next steps? Can she use existing H1B petition and just apply for Change of Status.

Appreciate your quick help on this.

Thanks,

Sri

 

 

[gopalakrishnach]

the employer asked her the steps for change of status from H4 to H1B. --- why would any employer will ask employee steps about immigration. Employer must work with good immigration attorney for this. Ask her employer to contact any immigration lawyer...

[adshah84]

Yes she can file COS from H4 to H1. 

[snambu]

On 9/18/2020 at 2:01 PM, gopalakrishnach said:

the employer asked her the steps for change of status from H4 to H1B. --- why would any employer will ask employee steps about immigration. Employer must work with good immigration attorney for this. Ask her employer to contact any immigration lawyer...

Thanks for response Gopal. Looks like they don't do change of status.