H4 to H1 first time COS

[sathvik]

Hi,

I have been working in US on my H1B since June 2011.My wife is currently in india & has got valid H4 Visa. She would be coming to US in the next month.

The current company where she is working now has applied for her H1B for this year (2012-13 quota) & the petition is approved.She will not be going for her H1 stamping interview

1) While coming to US on H4 visa , will there be any problems at port of Entry with the H1 approved petition?

2) After she arrives in US, we are planning to apply for COS(change of Status) to H1. Since she is already counted against the H1B cap, can we apply for COS for this fiscal year itself i.e 2012-13 so that she can start working as soon as possible

3) Do we need to submit I-797 copy while applying for her COS petition? We know only her "receipt number" of the petition & her current company would not be giving I-797 document as she would be leaving the company in the next month.

Please suggest

thanks

sathvik

[pontevecchio]

1. No

2. A suitable H1 sponsor can file her H1 with COS. Your role in the matter is zero. You cannot file a COS to H1. Only an H1 employer can.

3. You would need proof that she has been subject to the H1 cap. Lawyers have their uses. She is entitled to her copy of the H1 approval. I do not know who is wrong here. But she can always tell the previous company after coming here that she will report them if her copy of the H1 approval is not delivered to her.