URGENT! B1/B2 COS to H1B Issue

First of all, a very great thanks to all the admins/moderators/owners for running this forum and making us feel better with their expert advice/analysis. I’ve been lurking around here for quite some time and today is the day that I got an opportunity to discuss a scenario.

A had an H1b visa back in 2011. And came to the USA on a B1/B2 visa in Jan 2022 and did a Change of Status to H1b on a Cap exempt and got the approval copy i797. His spouse had gone for the H4 stamping to the US embassy in India and got denied because the VO asked her for the principal applicant’s H1b visa stamping.

I’m thinking since he had done the COS within 30 days of entering on B1/B2, the 90-day rule had an impact on his spouse’s stamping thus leading to a denial.

What has happened in this case? Does he need to leave the country before 180 days or is he on H1b legally? Please need your $0.02 on this scenario.

If that was the case the USCIS shouldn’t have approved his COS from B2 to H1B.
Did his spouse carry the copy of primary H1B I-797 with other H4 supporting documents?
What was the result of denial?

If his COS was approved with H1B I-94 attached to the I-797 approval notice, he is all set.

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Sorry for the late reply as I was down at the hospital.

a) The VO asked for a copy of the H1b visa stamping in spite of a COS and she didn’t have it and so they denied it. She had all his other docs but the stamping.

b) COS seems to be done and in good standing then.