Is I-94 required for H1B processing from H4 status?

USA H1B Visa
1

Hi,

I hold a H4 visa. Presently I am in India and working here. I want to file a H1B visa and am gathering supporting documents for it.

I want to know, is I-94 required to file a COS from H4 to H1B? I have a copy of my previous I-94 and will be able to travel to US only in april. Will I face any issue in case I file my H1B without I-94?

2

COS can be applied only if the person is inside US at the time of H-1 filing. If you file H-1 while you are in India, then there is no COS involved. If you travel to US and then apply for H-1, then COS can be applied and you will get an I-94 when entering US.