H1-B Petition Approved with CP (COS - Denied)


shinchan

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Sorry if this is repost for the similar question posted/asked 100-1000 times. Apologize in advance!

I am currently on L1 visa from and I applied H1-B transfer with Change of Status (COS) through a sponsor. My petition got approved (have valid I-797) but the COS was denied as I traveled outside US during the petition was in process.

The approved petition has "Notice of action" to visit Consulate in native country (India) or the petitioner should file I-824 to notify change in consulate and visit (Toronto, Vancouver etc.) different consulates for H1-B stamping.

Now I have few questions in mind which you guys could help

1. If I happen to visit my native country for H1-B stamping and by any chance my visa gets rejected - does my L1 still stay valid and I can travel back with L1 status and continue working for my current employer?

2. If my visa gets approved and the consular keeps my passport for stamping, when do I notify my current employer that I am changing job - the same day visa stamping gets approved or after I travel back to US on H1?

3. Can my dependents (who are on L2) stay in US (since I94 is valid) and I can travel to India for stamping. Once H1-B visa is stamped, I can proceed with another appointment for my dependents?

4. Any other recommendations in getting the process smoother which would help not getting stuck in admin processes or RFE?

Thanks for your time.

Regards.

S.

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1. Yes. Since it's not a COS your L1 visa will be valid. However when you go for H1B stamping they may cancel L1B before proceeding with your case.

2. You cant have 2 visas at the same time. Once your H1 is approved they may cancel your L1B. if l1b is cancel you cannot work with your old employer.

3. The moment your L1b cancelled, L2s will be automatically invalid.

Better stay in US and file COS. (change of status from l1 to h1 with valid h1b petition)

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