COS from H4 to H1

[chedebalakrishna@gmail.co]

Hi,

My cousin was working in US on H1 for a company having offshore development center in India. She went for marriage to India while her visa extension was in process. She worked for two months at the offshore development center. Her H1 extension got approved when she was in India. But her company did not want to send her to US location until six months and they did not scheduled appointment for H1B stamping with US embassy in India. So she resigned from the company and came to US on H4 stamping (her husband is on H1B)

Now she in US on H4. How can we get her status changed to H1B ?

1. We are not sure whether her past company has revoked the petition ? We only have the receipt number. Status on the USCIS website shows as Post Decision Activity. (description shows as "reopened and reviewing the earlier decision). Seems like the ex employer has revoked the H1-Petition. Is there any way to know whether the petition is still active/ revoked ?

2. If any employer is willing to sponsor, and if the status gets changed to H1B, can she start working immediate or she can only work from October 2011?

Please need guidance on the next steps.

[gc_peshwa]

To follow the USCIS law you will need at least 3 recent paystubs, proving that she has worked in the USA in the recent past.
She needs to have a valid SSN to transfer to other employer.
If its a COS she needs to be in the USA.
Do consult an attorney, just my opinion.