srinivas1416 Posted March 4, 2013 Report Posted March 4, 2013 I applied H1b from India and it's processing time i moved US on H4. At the time of when i was entered to US my H1b in "Intila Review" status. In Dec my H1b approved and got I-797B(with out I-94) then my empolyer filed COS(H1B amemdament) requesting for I-94. Now COS petition denied reason mentioned like "person came to US on while H1b petition processing after person came to US H1b approved" Now shall i apply transfer with COS in premium with new employer?. Is there any chance of COS approval this time?. I found a new employer who is going do transfer(new I-129 applicaiton) with COS. Along with transfer is COS will approve? or again for the new petition will USCIS approve with out I-94?. On whole i don't want to go for stamping. Please advice is there any options we have.
srinivas1416 Posted March 6, 2013 Author Report Posted March 6, 2013 Some one kindly reply to it. Thanks.
Attorney_25 Posted March 7, 2013 Report Posted March 7, 2013 The reason you list is not a normal reason for COS/amendment to be denied. A qualified attorney may be able to overcome this reason for denial, if that is the only reason. It is possible for an H-1B petition to be approved with COS. I suggest you hire a qualified immigration attorney for this process.
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