Amendment of COS on Approved H1


deepikaggupta

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Hello,

I am planning to get H1 filed through one company in April 2013. My situation is I am in H4 status but working in India. I will be in US in march but will be going back to India in april as I have to finish my tenure with current company. For this we are thinking of applying new H1 without COS via premium processing.

Assuming my H1 gets approved by May and If I come back in June on H4 visa, is it possible to apply for COS from H4 to H1 over Approved H1 so I that i can start working from Oct without going for stamping.

Does this COS application also subjected to CAP for FY 14, it is critical as H1 might get over by then.

If this COS gets rejected is there still an option of Consular processing? I mean will this affect approved H1 petition?

Appreciate your response.

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