sreejanair Posted March 28, 2012 Report Share Posted March 28, 2012 I am on H4 and My H1b was approved while i was in india and the sponser told me to return back on h4 without stamping my approved H1(the reason he told was that the rejection rates in india are more-so we can do a change of status here in US). Now i am back on h4 and my employer is delaying the COS and also not willing to do the transfer nor marketing me.I am kind of stuck as what to do? if i approach some other employers with my approval notice(soft copy), can they do my COS? Will my current sponser get to know about my transfer? What all documents are required for a COS from H4 to H1? please help! Link to comment
kalyan_ac Posted March 28, 2012 Report Share Posted March 28, 2012 Since you entered back on H4 visa, your H1b is void. However you can file for a new petition with a new employer and your current sponsor will not know or cannot do anything about it as it is void. Link to comment
livliv Posted March 28, 2012 Report Share Posted March 28, 2012 Yes, other employers can file for you. But remember once your status changes to H1, you must work and get paid. Link to comment
sreejanair Posted March 30, 2012 Author Report Share Posted March 30, 2012 Thanks for the replies..one more question. If my current sponser is willing to do my change of status, should i wait for that? can a COS be done on an approved H1b?if yes, how much will it cost? Link to comment
livliv Posted March 30, 2012 Report Share Posted March 30, 2012 Yes, if there is some validity left in the previous petition they can file amendment to change your status. The cost for amendment will have to born by the employer. Link to comment
kalyan_ac Posted March 30, 2012 Report Share Posted March 30, 2012 Not sure what you mean by wait on what and COS on a approved h1. You will have to wait for the COS to be approved before you start to work and the COS is from H4 to h1 and the sponsor should pay for it not you. Link to comment
h4h1help Posted February 11, 2013 Report Share Posted February 11, 2013 I am on H4 and My H1b was approved while i was in india and the sponser told me to return back on h4 without stamping my approved H1(the reason he told was that the rejection rates in india are more-so we can do a change of status here in US). Now i am back on h4 and my employer is delaying the COS and also not willing to do the transfer nor marketing me.I am kind of stuck as what to do? if i approach some other employers with my approval notice(soft copy), can they do my COS? Will my current sponser get to know about my transfer? What all documents are required for a COS from H4 to H1? please help! Hi, I have similar kind of situation.Please let me know how you resolved this? Link to comment
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