H1B COS from H4 stamping in India


swatijena

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Posted

Hi,

I had H1B and stayed in US for 1 year in 2013-2014. I went back to India get married and came back on h4 on August 1st 2015. Since my H1 petition expired. I applied for renewal and COS and got H1b petition approved till 2018 October. Now I want to visit India and go for stamping. Will there be any issue in interview regarding COS? Also my employer is in New Jersey and I am currently working from home in California for a client in new jersey. Will there be any issues with this?

 

Thanks in advance!

 

Posted
On ‎10‎/‎18‎/‎2016 at 11:09 AM, swatijena said:

Hi,

I had H1B and stayed in US for 1 year in 2013-2014. I went back to India get married and came back on h4 on August 1st 2015. Since my H1 petition expired. I applied for renewal and COS and got H1b petition approved till 2018 October. Now I want to visit India and go for stamping. Will there be any issue in interview regarding COS? Also my employer is in New Jersey and I am currently working from home in California for a client in new jersey. Will there be any issues with this?

 

Thanks in advance!

 

I do not think your COS should be a problem. The VO may ask you as to why you were not working, and you can always cite family reasons/marriage etc.

As pontevechhio pointed out, does your LCA reflect your home office address? Are you temporarily working from your home address? Ideally your work location should match the LCA as well. Quite likely if your information is consistent on the forms/LCA etc, then you should be fine, but be aware that you are taking a risk. I would check with the attorney who filed your petition and get their take on it than folks on this forum.

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