I am H1B visa, I am looking for transfer my wife’s visa from H4 to H1. I am approaching some consultants and they were saying that they will sponsor H1 for my wife. My question is what if my wife’s H1 petition not get approved, will she remain valid on her existing H4 visa or do we need to apply for H4 again for her. If we need to apply again, did she go back to India and then apply, in that being an individual can I apply H4 for my wife or again I need to approach my company to arrange H4 for my wife?
When consultants are applying for H1 for your wife, ask them to apply for a fresh H1 rather than for a COS that way you will not have pressure. However, even if consultants apply for COS for H4 to H1 it does not affect you. USCIS does not cancel H4 if H1 is not approved. You are safe to do it.
When someone says “transfer” H-4 to H-1, it actually means filing a cap-subject H-1 petition along w/ COS from H-4 to H-1. The visa itself is not converted and the H-1 itself is no different for a H-1 applied from outside US, or by an advanced degree candidate etc.