Amend Consular process H1B to COS H1B

[JNJOE]

Hi,

Got some question on H1B Consular processing.

I’m currently in the US with L1 Status with Company “A”. a new company say “B” is planning to apply my H1B under consular processing. I don’t have any plans to go out of US for next 1+ years

 

Now, My questions are

 

1.      If I apply for an H1B as consular processing on April-2016 and assuming its approved, can it be amended as COS (change of status) later say by Jan-2017 and start working with the company "B" from Jan-2017?

 

2.      How long I can keep the Consular process approved H1B with me before amending to COS. Like can I amend the H1B to COS say after 1 or 2 Years?

 

3.      Can the Approved Consular process H1B with Company “B” be amended to COS H1B with a different company  say “C” even without joining the company “B” ?

 

Appreciate Your Help.

Thanks

Joe

[JoeF]

To change to COS, the company would have to file (and pay for) a new H1 petition.

And you are only considered counted for the quota once you start working for the original H1 employer. Only then would a transfer be possible.

[JNJOE]

Hi JoeF,

Thanks for the reply.

 

1. Will the new COS H1B comes under the H1B cap? or is it just like applying for a non cap H1B as COS showing the existing approved the consular H1B.?

 

2. What is the minimum period I need to work for the H1B employer before I switch?

 

3.  How long I can keep the Consular process approved H1B before getting it stamped?

 

Appreciate your help

Joe

[JoeF]

The new H1 would be cap-exempt.

There is no minimum time to work for the original H1 employer, the rule is just that you have to be working for them before a transfer can be filed.

Realistically, getting a new job takes several months.

[JNJOE]

Thanks JoeF