H-4 TO H-1B

Question details

I have H-1B visa and my husband has H-4 visa. If my husband is going to file H-1B from US, will it be a COS. If so, is there a timeline before he has to come to India to get his Visa stamped? I heard many H-4 to H-1B petitions are getting denied. Is that true?

ANSWER

It can be a COS. If a successful COS is obtained, there is no deadline on getting a visa stamp. H-1 petition denial rate is higher if the documentation is insufficient.

Nonimmigrant Visas