L1 to H1B COS


ashwinkhai

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Hi,

I am currently working in US in my L1 visa valid till April 20 2012. My company filed H1B ( with COS I believe). I recieved RFE and my company is working on submitting the documents.

As per my company, I will have to exit US on or before April 20 2012, if my H1B status is not recieved before that. My company suggested to process the RFE in Premium to process the case so that results come out in 15 days. If I get my H1B approved, i won't have to leave US before April 20 2012.

My question is:

1. Is it that my H1B and COS gets approved/denied at same time if filed in premium? Or will I have to wait for COS to be approved even after H1B is approved.

2. I have heard cases where people have to exit the country, stamp the visa and come back even in COS. Is that true?

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If your H1b gets approved on time your COS will also be effective as they will issue new I94.

In some cases H1 is approved but you will be asked to do consulor processing which means you'll have to go to home country to get your visa stampped.

If you have remained in status you should be good with getting COS.

Good luck :)

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