H1B approved but COS denied


user202

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Hi,

 

I applied for H1B in April 2014. I am on OPT extension which is valid until May 2015.

 

My H1B was approved on September 22nd, 2014 but my COS was denied because I travelled to India in May 2014. I have vacation planned to travel to India in December 2014. My company attroney is saying that I can continue to work in US now and can get H1B stamping in December when I travel. But, I doubt if it's true! I wanted to get a second opinion.

 

For the month of Oct, it has already been 8 days that I worked till date.

 

Is it correct that I am currently in valid status (i.e., OPT)? Can I wait till December to get my H1B stamping? If not, how much of a trouble I am in, that I have worked in the month of october assuming I am out of status?

 

If I need to get out of country immediately to get a stamping, can I go to Canada/Mexico/Jamaica? Or I need to go to India.

 

Please help me.

 

Thanks!

 

 

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@jairichi, thanks for you response.

 

So, does that mean I can stay in the US and work until the expiration of my OPT (in my case till May 2015)? Doesn't this cause any issue when I go for visa stamping?

Yes, that is correct. Check with your SEVIS status. As you have planned a trip to home country do you have a valid F1 visa? Because applying for a F1 visa during OPT and with an approved H1B might be tricky.

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Yes, that is correct. Check with your SEVIS status. As you have planned a trip to home country do you have a valid F1 visa? Because applying for a F1 visa during OPT and with an approved H1B might be tricky.

Yes, I have a valid F1 visa. What do you mean by "Because applying for a F1 visa during OPT and with an approved H1B might be tricky."? Why would I apply for F1 visa? I have valid OPT and have received I-797B (H1 approved without I-94). When I travel to my home country in December, I plan to go for H1B visa stamping.

 

I heard that I can apply for "amended petition" from here in US to change my status from F1 to H1? Is this also an option that I can look at? This way, i will have got my H1B i-94 before I leave and it's easier to get visa stamping in India.

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Yes, I have a valid F1 visa. What do you mean by "Because applying for a F1 visa during OPT and with an approved H1B might be tricky."? Why would I apply for F1 visa? I have valid OPT and have received I-797B (H1 approved without I-94). When I travel to my home country in December, I plan to go for H1B visa stamping.

 

I heard that I can apply for "amended petition" from here in US to change my status from F1 to H1? Is this also an option that I can look at? This way, i will have got my H1B i-94 before I leave and it's easier to get visa stamping in India.

I said it will be tricky if you do not have a valid F1 visa and want to go for F1 stamping to be on OPT status till May 2015. If you intend to go for H1B stamping you are fine.

 

Yes, employer can file a COS petition and pay H1B fee again.

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