Help needed in h4 to H1 conversion

USA H1B Visa
1

Hi Folks,

I am planning to file H1B for my spouse who is already in US as H4. Initially, employer said they will do COS. But she has plans to fly India in May and she will be in India till August. In this case, will she need to go for stamping?

I asked this to employer, they saying it will not be an issue. They can file H1 in a peculiar way (Not COS way or Consular way). This way my wife can travel back in H4 and whenever she is ready to work then can do a COS. How far is this true? I thought only two way we can file H1, the first one is COS and other is consular. Is there any other way we can apply apart from these two?

Thanks,

Aroop

2

She can go for stamping if she want to enter on H1, however petition must be approved by then and also she can only work from october 1st. Ask her to go for H1 stamping and enter US after sep 20 if its ok. Else she need to come on H4 and go for COS once in US

3

Thanks for the reply RaNa