COS approved as Consular Processing from H4 to H1

[Trearis]

Hello Everyone,

I'm currently in the US on a H4 petition (not stamped) valid until 2014.

A new employer in the US filed a COS from H4 to H1-B this September. The employer's lawyer received the approved petition early this week and realized that the H1-B was approved as "Consular Processing" instead of COS and does not include a I-94.

Some of the options discussed were:

1. File a amendment with USCIS (possibly could take a long time for response; getting into RFE etc...)

2. Explore visa stamping at a US consulate in Canada

3. Visa stamping in India

I really appreciate if someone who has gone through similar issues or has expert opinion comment on this situation.

1. I don't have a US master's. Can I go to a US consultate in Canada or is it mandatory to go home country for stamping?

2. If I go to Canada for my stamping and run into issues (rejection etc), can I use my valid H4 petition (NOT STAMPED ON PASSPORT) to travel back to the US?

Thanks and appreciate any feedback.

Regards,

TJ

[jasmine1986]

H1 quota was over in June this year. How did you file H1 in September then ? Is that a cap-exempt H1B ?

[satya2k1]

I had same question about applying in September.

I heard that US consulates in Canada cannot verify education credits with foreign degree...if you have had a US degree ,it would be beneficial to go to Canada. you can take a bet by going to Canada...if they reject.. you can request for H4 visa.

That's what happend to one of my friend's wife...They both went for H1B visa stamping in vancouver... he got his H1 Visa...but his wife did not...because she did not have US degree...so they gave her H4 visa.

Best bet would be to go to home country and apply for H1 ...or file amendment..and wait for approval. its all luck game, i guess.

[Trearis]

Thanks for the info Satya. It looks like going to home country for stamping is a better option. Like you said, US Consulates in Canada are unable to verify non-US degree credentials.

[Trearis]

H1 quota was over in June this year. How did you file H1 in September then ? Is that a cap-exempt H1B ?

Yes, it was a cap-exempt H1B filing...