COS from H4 to H1B

[manupreddy]

Let me explain my situation here:

I have a valid H1B visa until Sept 7, 2013. I'm going to file my first extension by end of April 2013.

My wife is currently working in London, UK. I'm planning on sending her for H4 stamping in July 2013 either in UK or in India and bringing her to US on H-4 Visa by end of in July 2013.

I filed H1B petition for her on April 1st 2013, and while filing H1 as I said she is in UK.

Let's say that her H1 petition will be picked in lottery and will get approved under normal processing before Oct 1st 2013.

I have below questions to clarify based on my wife's situation explained above:

1. Can she travel to US on H4 while her H1B is In-process or Approved in July?

2. Can she apply for Change Of Status from H4 to H1B in August/Sept 2013 after she enter US on H4? or is it mandatory for her to go for a H1B Vsa Stamping? I got this question bcz somebody said that since she is in UK at the time of filing H1b so she is considered out-of-country applicant and so I-94 that she would get on H4 is not valid to convert her from H4 to H1B...

Please provide me your valuable suggestions. I appreciate your response.

Thanks,

MAR.

[JoeF]

You didn't file anything. A prospective employer filed an H1 for her.

[rahul412]

I filed H1B petition for her on April 1st 2013,

what do you mean by this??How can you file H1?

[manupreddy]

Yes. Prospective employer filed for her. So could you pls clarify my questions.

[pontevecchio]

1. Yes. 2. No. It is possible if the employer files another H1 Petition with COS assuming the original H1 petition was approved. This begs the question as to why any employer would spend twice when all she needs is a H1 visa for entering the country up to 10 days before the start date though she can visit before that in any legal capacity. Stay away from small time consultants.