H1B COS or Conuslar processing

[ssat19]

Hey All,

I am Stem opt ,on valid F1 visa and working for last 3 years on OPT and Stem opt.I am cap exempt on H1b ,as I have an H1b from jan 2013 and  my current employer applied for h1b on sept 26.My stem opt ends on Feb 4 and it seems premium processing which was supposed to reopen on Feb 19,may or may nor reopen.

1)Can i convert my current H1b petition from COS to Consular processing ?

2)I heard that I can do consular processing of H1B ,so that even I go to India, application exists but cos will be cancelled  -->My employer  said high chance of rejection as I am abandoning the petition where as lawyer from Murthy confirmed i can do this and petition will be active

3)I am eligible for H4 EAD ,so If I go  to India,get H4 stamped and come back  to US apply for EAD and wait till H1B  is approved pr premium restarts and will  later do consular processing of H1b so that I continue working on H4 EAD and then H1B .--Will coming back to US on h4 ,will it affect my h1b petition?  

4)Is it possible that I  I can expedite this  request?

 

Thanks!

Satish

 

[JoeF]

First, there is no consular processing for an H1. All H1s are processed by USCIS.

The only issue is if change of status was requested or not. If not, the listed consulate is informed, so this is known as Consular Notification. That is specified on the H1 petition. It is not changeable. The only way to go without COS is to either withdraw the H1 and file a new one without requesting COS, or to go abroad before the H1 is approved. In that case, the COS would automatically be denied because a COS requires that the person is in the US in valid status.

[ssat19]

Thanks @JoeF!

If I go to India and get H4 stamped and come back to US(hoping to apply for  H4EAD) .

Will my H1b petition be cancelled ? Since the i-94 number changes?

Will the  petition will be considered as COS ?

 

Thanks!

Satish