H1B transfer


srinivas1416

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Posted

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.

Posted

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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