H4 to H1 change

[Shankar6]

Hi,

I am currently in USA on L1 Visa and my wife on L2. L1 is expired and extension had been filed. My wife was working on L2 until my L1 expired. My employer filed my H1 for 2013 cap, petion is approved. Additionally, my wife's employer filed her H1 which got approved last week. We are now flying to India next week for H1 visa stamping. We took Visa interview dates much earlier when my wife's H1 was not approved. Currently the interview is scheduled for my H1 and my wife's H4 (dependent on my H1). We do not want to make any changes to the Visa interview now as it will be hard to get dates and our on time return to USA is important due to personal reasons.

1. Will it cause any issues during Visa interview at Embassy, as my wife's H1 petion is approved, but we are doing H4 stamping for her?

2. Once my wife comes back to US on H4, what is the process to change it to H1 (her petition is already approved for 2013 cap). I guess she will not have to travel back to India for H1 Visa stamping, as her I-94 would be valid on H4.

3. What is the time and cost involved for H4-H1 (COS) in my wife's case with approved H1 petition.

I am looking for the answers as soon as possible and will highly appreciate it.

Thanks in advance.

[pontevecchio]

Why is her H1 sponsor being so generous so as to file a H1 petition for her twice because that is what it means in this circumstance. Have you had her ask her employer about the matter?