H4 to H1B COS for I-797B

Hi - My wife is currently in US on H4 visa . Her H1B was applied prior to marriage when she was in INDIA . She now has a applroved I-797B . Her current i-94 has expired and she has applied for extention. Now her employer wants to convert her H4 to H1.

I have a very specific question pertaining to COS for her . Can you please let know what would be the appropriate and correct procedure to have this initiated and COS completed.


The employer needs to file I-129 (cap-exempt petition) for her. In that form, they have to opt for COS or consular processing. That’s what needs to be done from process perspective.

However, her I-94 has expired and her H-1 COS would be dependent on her H-4 extension approval (as it would generate the extended I-94 for her). Look up bridge scenario.