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vivek1234

H4 to H1B COS to consular processing

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Hello,

currently My wife not in US and we filed her case under COS from H4 to H1B,  assuming she will come back to US before 1 October,

 I want to know how we can change a H4 to H1B filed as COS to consular processing. Is there any way to do it or it will automatically converted to Consular processing if the Person not in US.

If it automatically get converted then what will be the consulate choose for stamping.

Thanks

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COS does not apply if one is out of the country. She needs top apply for a H1 visa and return up to 10 days before October,1 assuming the petition is approved.

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Thanks for the reply,

So it mean we do not have to worry about her COS to consular processing as it will automatically converted to Consular processing. What would be the consular in that case as her I797C receipt notice does not show any consulate.

Also if we apply COS at first place knowing she is in India is it will create any problem in the H1B petition approval or any other short of consequences.  

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