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Posted over 1 year ago.

Sure. I my apology for not making that point clear. One of the company is ready to sponsor her H1B. But she is in india, and as per my understanding, if we file H4 to H1b which is change of status, I-94 is one of the document, USCIS need. Please correct me if I am wrong.

F. J. Capriotti III
F. J. Capriotti III, Immigration Attorney - Portland, OR
Posted over 1 year ago.

You are incorrect. As she is in India, the company can file a free-standing I-129H, with a start date of October 1, 2013.

She can return to the US on the H-4 and the COS ... or better yet an H-1B visa stamp, can be done later ... like August/September.

Again, you should be talking about this with the company's immigration lawyer.

Do NOT do this by communicating with someone in HR.