H1B with/without COS(Change of Status)


cnupasem

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Hi I am currently on L1 B. My spouse is working on L2 EAD. Due to some reasons I am planning to apply H1 for my spouse. I have heard that if she applies H1B without COS(Change of Status), she can change the visa status from L2 to H1 whenever she wants. Can somebody help me to understand the restrictions for COS, Validity for COS, Process of COS and duration of COS.

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I think you are confused, you can;t apply for H1b. It will be illegal.

Employer can only apply for H1b, and if she is in USA, most probably it will be a COS.

But if application gets approved in CP, then yes she can continue working with her L2 EAD, and can do her stamping before next time she enters.

but you need to be aware that you cant keep H1b as a failsafe. If she never joins her employer (on h1b), who has filed her h1b, before I797 expires, then she will have to go thru lottery again.

In past it was possible to renew/revive h1b, without joining original petitioner, but not anymore (or atleast it will not be that smooth).

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On February 28, 2017 at 11:30 PM, rohang said:

If she never joins her employer (on h1b), who has filed her h1b, before I797 expires, then she will have to go thru lottery again.

In past it was possible to renew/revive h1b, without joining original petitioner, but not anymore (or atleast it will not be that smooth).

Since when this changed ? I know atleast 2 people who has got the I797 from a different employer in India but could not get H1B Stamped and then changed employer in India and travelled to USA. This happened last year 2016. 

There are genuine companied in India (some as big as 5000+ employees) who are looking for people with approved H1B (stamped or not does not matter) . 

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  • 2 weeks later...

CP usually refers to Consular Processing, which is a way to get a Greencard.

For an H1, the proper term is Consular Notification, i.e., a US Consulate gets the notification that the H1 petition has been approved, and you can get an H1  visa at the consulate. In this case, the H1 would not be approved as a change of status.

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