H4 to H1 COS and transfer at sametime


immi2015

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Hi All,

 

My wife is currently on H4 visa and she has H1 approved petition from employer A (filed while she was in India). The H1 approval notice doesnot has i-94 number (as it was filed while she was in India).

 

Employer A is not willing to file for COS unless they find project for her. Also her H4 visa will expire in May-2016 (in 2 months). 

 

1] Can she do Change of status (H4 to H1) and H1 transfer at sametime (to new employer B) without ever working for employer A (she does not has paystubs from employer A ) 

 

2] Or should she start working for employer A only and get her COS through them , before finding new job/employer. Please suggest.

 

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