COS from H4 to H1B


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Hello All,


I have one question, please help me out.


My wife came to USA on H4 visa and later found job, employer applied for H1B, petition got approved. She worked for almost 1 year then recently went to India and planning to come back as H4 visa to not to work after coming to USA.


In case if she decided to work after coming to USA on H4. Here is the few things below

  1. She is no longer interested in present employer. So she has to find out another job. Let’s say if she found, her new employer has to apply for H1B transfer and COS from H4 to H1B correct?
  2. Can employer do premium processing on H1B transfer and COS from H4 to H1B?. The reason why I am asking was, once she gets the job employer may not wait for long time(3 months general processing)
  3. Another case if H1B transfer was done but COS is still pending, can she work with COS receipt while COS from H4 to H1B pending?


Overall I am thinking that if she wants to work again after getting another job what is procedure and how long it takes to get the COS approval, can we do the premium processing?. Please let me know.


Thanks in advance.

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