H4 to H1 Change of Status or Visa Stamping

[PJ1290]

Hi,

I returned to USA from India on H4 visa as my H1b visa stamping was put on administrative decision hold 221g (as I was on a project on client site, EVC Model). During my H4 visa interview, I withdrew this H1b visa application which went on administrative decision hold.

Before going to India another company in USA had filed an H1b transfer petition for me (direct hire, permanent Job, not EVC) and this new H1b transfer petition was approved on the day I got H4 visa stamping in India.

Now I would like to get on the new H1b visa from the new employer. Please advise what are feasible options for me:

1) COS Application from H4 to New H1b

2) H1b Visa stamping in CANADA

3) Any other option

Thanks in Advance

[wiweq]

COS will be enough. No need to get stamping.

[shandan]

h1B stamping in India, most safer bet.

[wiweq]

"h1B stamping in India, most safer bet."

=> No need to go for stamping to start working on H1b. COS to H1b will be enough to start working on H1b.

[PJ1290]

Does this COS involve H1B filing all over again or Just COS i-539 application form.

Also, any idea how much time does this COS application need approximately ?

Thanks

"h1B stamping in India, most safer bet."

=> No need to go for stamping to start working on H1b. COS to H1b will be enough to start working on H1b.

[chtummala]

if you want to work in us cos is enough ..

if you want travel out side then you need stamping

[wiweq]

"Does this COS involve H1B filing all over again or Just COS i-539 application form."

=> This is tricky. Better to involve an attorney.

In my view, if you maintain the relationship with your employer, means on vacation with $0 paystub during the H4 stay, COS to H1b would be enough. If the employer-employee relationship ends, new H1b should be filed. Better to contact to your employer or an attorney. As said, H4 to H1b takes 2-3 months. To work on COS only, you should be related to your employer throughout this time.

[pontevecchio]

@OP

Since COS means another H1 filing you need to ask your employer what they want you to do. The previous 2 posts are totally off topic and would land people in trouble if they took it as gospel.

[wiweq]

=> This is tricky. Better to involve an attorney.

In my view, if you maintain the relationship with your employer, means on vacation with $0 paystub during the H4 stay, COS to H1b would be enough. If the employer-employee relationship ends, new H1b should be filed. Better to contact to your employer or an attorney. As said, H4 to H1b takes 2-3 months. To work on COS only, you should be related to your employer throughout this time.

=> Apologies. This is not correct. Go with pontevecchio. COS to H1b means new H1b! Talk to your employer.