H4 --> H1 COS query

[KeerthiMogillapalle]

Hi Experts,

 

I am new to H1B immigration rules, so request you to please guide me with following query.

 

Situation :

I entered USA on valid H4 in July 2014  and a week before traveling my H1 was approved. My employer has filed a COS on Oct 2nd,2014.

 

Queries:

1. What would be the processing time for the COS approval?

2. Can I  start working with the approved I-797?

3. Can I search for another opportunity and get a H1 transfer without starting work with my employer who has filed H1B.

4. Is it mandatory from USCIS to produce paystubs for a valid immediate H1B transfer.

If yes, how many paystubs are required of minimum to transfer.

 

Please guide.

Appreciate your help!

 

[jairichi]

1. Regular processing 3 to 4 months. Premium processing 15 calendar days.

2. With COS approval you can not begin work.

3. Yes.

4. Not in your situation as you are currently on H4 status.

[rahul412]

 

1. What would be the processing time for the COS approval?

2. Can I  start working with the approved I-797?

3. Can I search for another opportunity and get a H1 transfer without starting work with my employer who has filed H1B.

4. Is it mandatory from USCIS to produce paystubs for a valid immediate H1B transfer.

1. 3 months

2. You need COS approval to work on H1

3. Yes

4. Only if you have worked in US on H1 or L1 status earlier.

[KeerthiMogillapalle]

1. 3 months

2. You need COS approval to work on H1

3. Yes

4. Only if you have worked in US on H1 or L1 status earlier.

Does point 4 mean I can't transfer H1 to a new company without starting work with my employer as I was not on H1 or L1 before?

[jairichi]

Does point 4 mean I can't transfer H1 to a new company without starting work with my employer as I was not on H1 or L1 before?

Since you never worked there is no requirement for pay stubs.

[rahul412]

Does point 4 mean I can't transfer H1 to a new company without starting work with my employer as I was not on H1 or L1 before?

No that's not my point, you can file for new H1(transfer) even if you haven't worked on H1 earlier.

[helprequired262]

But, He says that he was on H4 and H1B got approved before his travel back. So Ideally he is on H1B and since he is on H1B, Paystub is mandatory.. 

 

Question is: can he still look for diff employer without paystubs.. 

[jairichi]

But, He says that he was on H4 and H1B got approved before his travel back. So Ideally he is on H1B and since he is on H1B, Paystub is mandatory.. 

 

Question is: can he still look for diff employer without paystubs.. 

OP traveled from home country to US with H4 visa. If a H1B petition was filed it was filed as consular processing and not COS. So, in this case even if H1B petition is approved it would have been approved without I94 as consular processing.

[rahul412]

But, He says that he was on H4 and H1B got approved before his travel back. So Ideally he is on H1B and since he is on H1B, Paystub is mandatory.. 

 

Question is: can he still look for diff employer without paystubs.. 

Last entry matters, OP entered into US on H4 so he is on H4 status.

[debajit_tsk]

Hi Experts,

 

Need you help on the below case:-

 

1. My spouse is holding valid H1B valid till April 2017 and I am holding valid H4 valid till April 2017 stamped in my passport. I am currently in India working in a MNC.

2. Can my current employer file a COS under cap exempt.

 

Please advice

 

Regards,

 

Debajit

[rahul412]

 

1. My spouse is holding valid H1B valid till April 2017 and I am holding valid H4 valid till April 2017 stamped in my passport. I am currently in India working in a MNC.

2. Can my current employer file a COS under cap exempt.

 

There is no COS if you're outside the US.

[jairichi]

 

Hi Experts,

 

Need you help on the below case:-

 

1. My spouse is holding valid H1B valid till April 2017 and I am holding valid H4 valid till April 2017 stamped in my passport. I am currently in India working in a MNC.

2. Can my current employer file a COS under cap exempt.

 

Please advice

 

Regards,

 

Debajit

 

If you never had a cap subject H1B petition then a cap exempt H1B petition is not possible unless you plan to work for non-profit organization like an university.