THNK1 Posted October 27, 2017 Report Posted October 27, 2017 When I was on H4 Visa in US in the month os April (for couple of weeks I was in US) I applied H1B through a consultancy during my stay. The employer filed H1B petition stating H4 to H1 (COS) status with the I94 details that I received during my travel instead of CP ( we are not aware of this at that time). Currently I am not in US but still I received I797-A approval (COS/H1B) with that previous I94 details. Please advise if I am eligible to travel to US on H4 visa ( as my H4 visa expiry and spouse H1 Visa is till 2019 ) in future if I don't want to work in US ? Also please let me know if I am eligible to go for stamping interview in India with the current approved H1B/COS 1-797-A petition to get H1B visa ? you answer will give us life, please advise.
pontevecchio Posted October 27, 2017 Report Posted October 27, 2017 Did you get an I94 with approval? Then that is a mistake. You need to get a H1 visa and return to start work.
THNK1 Posted October 27, 2017 Author Report Posted October 27, 2017 Yes I got a new I94 with the Approval (I797 A COS/H1B) . As I am not in US currently , with this I-797A petition can I go for H1B Visa Stamping ?
pontevecchio Posted October 27, 2017 Report Posted October 27, 2017 You can go for the visa stamping with your H1 petition approval.
THNK1 Posted October 27, 2017 Author Report Posted October 27, 2017 2 hours ago, pontevecchio said: You can go for the visa stamping with your H1 petition approval. Thank you for the reply. I am not sure, if I was very detailed in my question above - I received (I797 A COS H4 to H1) Petition Approval with previous I94 details and new I94 ( right bottom corner of the I797A document) when I am not in US. I have valid H4 stamped till 2019 though. Now Please tell me if I am eligible for going to stamping for H1B and getting successful stamping without any issues.
pontevecchio Posted October 28, 2017 Report Posted October 28, 2017 COS is irrelevant and not material if you leave the country. You have an approved H1 petition. You can go and get the H1 visa. Why are you unsure? Does the employer actually have a job for you?
THNK1 Posted October 28, 2017 Author Report Posted October 28, 2017 Yes , I have a job . But I am not sure why they filed on COS ( 1797a ) instead of Cousellor processing ( I 797b ) . I always heard about I 797b only and not aware of COS , so checking if my petition that I got with COS when I am out of US is valid to go for H1 stamping or not ( and also I don’t want to risk my h4 stamped visa ) so checked with your team , as I trust murthy law team though my employer told IAM good to go for visa stamping interview for h1 .. thank you for your reply and helping me with the details . It really helped me , I am now about to schedule stamping interview for next week
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