H4 to H1 in US without Visa stamping in India


My wife’s H1 is through lottery for 2014. She is planning to get H4 visa and come to US is August. How can she change her visa from H4 to H1 and start working without going back to India for visa stamping. Also will there be any issue in getting H4 if her H1 in process. Are any possible issues which could occur in this case?



Once she comes to US on H-4 and has her H-1 already approved, she can file for COS from H-4 to H-1. Once approved, she can start working on H-1. There is no need to go for H-1 stamping until her next trip outside US.

The COS application will be reviewed and based on submitted documents/information will either be approved or isused RFE or denied.