Process for COS from H4 to H1, when travelled on H4 from IND!


Currently my wife is in India and has valid H1 petition in approved status. But currently her employer is taking time change her LCA details, due to change in organizational policy. This may take her close another 3 months. Currently she would like to travel On h4. I've following questions: 

1>If she travels in H4 will H1 still be valid?

2>if she returns to India, can she get her Visa stamped from her own employer for H1 ?

3>If she finds a job while she is in US can she change her employer and use the existing petition?

4>if she find a job while she is US what is process for COS? Can there be RFE while changing Employer?


  1. Yes

  2. She can go for stamping through an employer for which she has an approved H-1 petition

  3. Yes, she can change employer but cannot use the existing petition. The new employer will have to file a cap-exempt petition (aka H-1 transfer) for her along w/ COS from H-4 to H-1.

  4. Yes, all petitions are subject to RFE. The new employer can include COS as part of the new cap-exempt petition.

Thanks Saurabh, when you say Cap-exempt. What are the documents required for any new employer to consider her in cap-exempt?

To prove cap-exempt, copy of previous approval notice is required. If she doesn’t have that copy, then at least the receipt number is required w/ print-out of online status showing it as approved.