Change of status from H4-H1 with previously approved H-1B under consular processin


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Dear Friends,


When my wife was in India, she has got the H-1B sponsorship through employer-A. Her H-1B petition was filed in April-2013 and it was approved in Dec-2013 under Consular Processing. But in the meantime my wife entered U.S. in Aug-2013 with her H-4 visa. Now we are planning on applying for change of status from H-4 to H-1B using her approved H-1B petition.


In addition, her Employer-A is not willing to provide a copy of the approved receipt, rather we have the receipt number for this respective approved petition. We know that this receipt number belongs to her as we have seen the approved I-797 receipt at her employer's office and verified that the receipt number matches her name on the I-797 approved receipt.


Here are my questions:

1) Can we transfer to another Employer-B by applying Change of Status from H-4 to H-1B with just a receipt number of the I-797 that was previously approved with Employer-A? or is the copy of approved I-797 is mandatory in order to file under cap-exempt.


2) In case if the new I-129 is approved, does it approved with I-94 attached (non-consular processing) or does it be approved under consular processing again?


I appreciate your clarifications and other suggestions are most welcome. Thanks in advance.

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I would prefer to stick with that employer for some more time till he files the COS and gets your wife a job somewhere.

Even after this he doesn't want to give you the I797 copy, your wife can travel to India and get the stamping done. That time, the employer has to provide all these docs. 

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