Filing H1B without COS

[p_swapna]

I am currently in US on H4 visa. I have an offer from a company that is willing to file my H1B.

Can someone clarify if

1) Can my H1B application be filed without Change of Status and apply for COS later? If so, can this be done without me having to go out of country and get a visa stamped?

2) Since I am on H4. Will filing my H1B without COS decrease my chances of getting my H1B approval?

Any help would greatly help me to make the right decision.

Thanks for your time

Swapna

[wiweq]

If they are filing your H1b without COS, you would be required to get stamping to start working on H1b.

Btw, any reason behind applying H1b with no COS?

[JoeF]

If the employer is a consulting company, they will have to show that they have a project for you. If you don't want to work in that project, it would be fraud...

[p_swapna]

If they are filing your H1b without COS, you would be required to get stamping to start working on H1b.

Btw, any reason behind applying H1b with no COS?

Thanks wiweq.

I actually attended the interview with this firm last month and they agreed to file my H1B this April but I just came to know that I am pregnant with my expected date in October. So I cant join the firm in October. But with COS, I will be converted to H1B in October and will need to get paid.

I have read somewhere that you could file your H1B without COS and later can ammend the H1B by filing just COS without leaving the country? Is it correct?

If it is not possilbe, are there any other alternatives. I dont want to wait till next October to start working and if possible would prefer not to go to stamping.

Please clarify.

The company that interviewed me does in house implementation at the client location and not a body shopping firm.

[wiweq]

USICIS is very strict on H1b petitions these days. If you don’t intent to work, filing H1b is pointless. Keeping JoeF's comment is mind; I would suggest consulting an attorney.