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movado

Travelling during H1-B pending COS

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Hi,

Can I travel to India during H1-B transfer pending COS? My current H4 visa is invalid. Will H1-B get denied if I leave the country?  

Thanks.

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H1b will be approved if it had to be approved. However, COS will be denied as you will have no status to change to H1b. COS as the name suggests is change of status from status X to status Y. When you are not in USA, you are not in any status. You would have to do consular processing and get a valid H1b visa from consulate to try to enter in USA under H1b.

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5 hours ago, xTDx said:

H1b will be approved if it had to be approved. However, COS will be denied as you will have no status to change to H1b. COS as the name suggests is change of status from status X to status Y. When you are not in USA, you are not in any status. You would have to do consular processing and get a valid H1b visa from consulate to try to enter in USA under H1b.

Just a little nitpick: It is not Consular Processing, because there is no processing at the consulate involved. It is just like any other H1 Visa application process. If it is indicated on the H1 petition it is known as Consular Notification.

Consular Processing is a process for the Green card, getting an immigrant visa at the consulate. There they do some processing.

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