H1b to H4 COS is better? H1B Transfer?

USA H1B Visa
1

Folks need suggestion on the following.

I am on H1b. My wife is stuck India from March 2020. She has her h1b approved before traveling to India. Due to Covid and travel ban she could get her h1b stamped.

She works for a service based company here in USA. Now her employer was not positive about the job in USA, so she is working in India for the same employer. And he is not willing to support for any stamping like documentation(client or employer letter).

Want to know if following are possible.

  1. Go for h4 visa, once she is here convert to h1b (through COS) ---- Is it possible to use her old approved petition and change to a different employer through COS?
2

Yes, if she have H1B approved and held the same stautus at least once. If it was approved with consualr processing, then it is slightly grey area as there are times where USCIS asks for status of h1B, even though you had approval, but never worked or COS kicked in. Discuss with attorney on this.

3

Thanks for your input Kumar. Her H1 was approved not on a consular processing. And she was here on h1 for almost 4-6months I think.

Once she went to India due to covid things changed. So just to make sure as per the above scenario can I file for COS (h4 to her previous h1)?