H4 to H1 What are the options to get it done soon

Hi Im currently on H1 and residing in US with my wife. She is on H4.

She is willing to work in US. Total years of experience is 5.7 years.

Now im confusedhow should i proceed with conversion of H4 to H1.

Should i apply for COS or new application for H1.?

What are the options so that she can get H1 and start working ?

Is there any duration that we will have to wait and then apply for COS?

If we apply for COS does she need a sponsor or any letter from Employer who is ready to hire her after Visa is converted?

What will be fees for COS /H1 and how much time should it take approximately to get visa

Kindly help me out



It will always be a new H-1 petition. You can either file it w/ COS or w/o COS (consular processing). There is no option like COS or new application.

So the process will be:

  • employer files H-1 petition for her along w/ COS

  • USCIS processes the petition and approves/denies it along w/ or w/o COS

  • if approved w/ COS, she can start working on H-1 from COS effective date (Oct 1 or later)

  • if approved w/o COS, she needs to apply a separate COS application on to her approved H-1 petition or enter US on stamped H-1 visa