COS from F2 to H1


#1

My wife is on F2 visa currently, previously she was on H1b with I-140 approved completed 6 yrs, her 7th yr H1b extension got denied due to multiple layers. Now she want to change her status to H1b. Does she need to file a new petition like regular lottery system or can she just file a change of status to H1 based on her i-140 approved?


#2

She is Cap-Exempt, she doesn’t have to go thru lottery. She can try once premium is opened as she can’t work on receipt for COS applications.