Planning to apply H4 to H1 Transfer in April'2013


I am working in US on H1B visa and I am planning to convert my wife H4 visa to H1 in April 2013. Can she go back to india in between April-Oct’13 till the time her H4 get transfer to H1 or H1B petition got approved or she have to stay in US until H4 get transfer to H1.

Please suggest.


She will have to file COS from H-4 to H-1. If she leaves while it is pending, then COS is abandoned and she would continue to be on H-4 even after H-1 gets approved. If she leaves US after COS is approved and returns prior to Oct 1, then she will be on H-1 startus from Oct 1.

Does that clarify?

Thanks Saurabh, my concern is in between April to July’13, my wife have to go back to India for couple of days. Is that possible she can go back after applying for COS and come back before COS get approved Or she can’t go back in any case of the case till the time her H1 get approved. If she go back for one month e.g. in June or July’12 then her COS will be abandoned?

If you want the COS to be approved, then she needs to stay in US until COS gets approved. She can file it w/ premium processing so that it gets adjudicated quickly, then leave US and return prior to Oct 1 on H-4 visa. This way she can still be on H-1 from Oct 1 based on earlier approved COS.

Thanks Saurabh, after getting COS approval on premium basis if she leave US and came back prior to OCt 1 on H4 then when will her H4 to H1 status changed, will that be changed after Oct 1 only.

Yes, on Oct 1. To be clear, her H-1 gets approved w/ COS w/ start date of Oct 1. She then leaves US and returns on H-4 visa prior to Oct 1. She would be considered on H-1 status from Oct 1 in this case on the basis of prior H-1 COS approval.

Hi Varun,

Do you have an employer who is willing to the transfer.

Can you please share info to my email address

I am looking for my wife also.



I can please get the employer info as well. I was trying with someone but they just decided not to do for this year.

Hi Varun, Can you please send me the employer information to me as well? I’m looking for an employer to sponser my wife’s H1. It would really be a great help if you could send me the employer info. My email is

Hi can someone mail me details of an employer to change my status to an H1 from an H4?