H4 to H1

[newbee1]

Hi,

 

I am having H1 and currently in US, my wife is having H4 visa and she is in INDIA. She has H1 filed in 2014 quota still in processing, applied as a normal H1(not as COS). Now following are my questions?

 

1. While H1 is still in processing can she travel to US on H4?

2. After coming to US on H4 can she apply for a COS from H4 to H1?

3. What happens if her H1 is approved and then she travels to US on H4?

 

your inputs are really appreciated.

 

Thanks.

[jairichi]

(1) Yes, she can apply for a H4 and travel

(2) Her employer has to apply for a COS from H4 to H1. Will they be interested to spend the money again they spent for her H1B filing.

(3) Again her employer has to apply for a COS from H4 to H1 and pay required fees