COS F1 to H1B Advice needed

[mahmoodmd2007]

Hi,

 

 

I am currently working for a good company on CPT and will be working for them even after my graduation (December 2013)  on OPT and next year I am/my manager is planning to apply for H1b for me for the same company. My F1 visa expires next year (August 2014) but my OPT will be of course valid (since my program is under STEM). The thing is I travel a lot to Europe for my company because we have our branches/headquarters in Europe.  

 

So when I apply for Change of Status from F1 to H1b next year, many people (inclu. my international office people) said that I cannot travel from April to October next year because the COS will be automatically abandoned if I travel. So my question is can I leave US before April 1 itself and just apply for H1b from Europe (no COS) and stay in Europe whole time till October, get the H1b stamped and then come back to US ? Will this have any issues and what would happen to my F1 status in this case ? What other alternatives would you recommend for me ?

 

 

Thanks!

[rahul412]

So when I apply for Change of Status from F1 to H1b next year, many people (inclu. my international office people) said that I cannot travel from April to October next year because the COS will be automatically abandoned if I travel. So my question is can I leave US before April 1 itself and just apply for H1b from Europe (no COS) and stay in Europe whole time till October, get the H1b stamped and then come back to US ? Will this have any issues and what would happen to my F1 status in this case ? What other alternatives would you recommend for me ?

 

 

No you cannot file for COS from Europe since you are not on F1 in Europe.

Just think practically, COS means change of status so when you are in Europe you are not on F1 so how can you file for COS??

 

BTW you said you are working on CPT, so are you going to school or not??

[t75]

Typically time outside the US while on OPT counts as unemployment. Your supervisor needs to discuss the matter with the corporate immigration attorney especially if the company is not truly a US company which is not clear from your post.

[mahmoodmd2007]

Yes I am still going to school. The company is a US company. 

 

As COS is out of option, Can I just leave US in March/April and apply for H1b completely outside (not COS just H1b) and come back to US after I get my H1b stamped ? Is there any risk in doing this ?

[rahul412]

Yes I am still going to school. The company is a US company. 

 

As COS is out of option, Can I just leave US in March/April and apply for H1b completely outside (not COS just H1b) and come back to US after I get my H1b stamped ? Is there any risk in doing this ?

No their is no risk here. Again, you won't file COS if you are out of US.

You can file for H1 when you are out of US and enter with H1 stamp.

[mahmoodmd2007]

One more thing I wanted to know is if H1 is applied with COS, is their any special consideration or its a normal thing ?

 

 

I mean I just dont want to regret later that I should have applied for H1

[rahul412]

One more thing I wanted to know is if H1 is applied with COS, is their any special consideration or its a normal thing ?

 

 

I mean I just dont want to regret later that I should have applied for H1

I have already told you, when you file your H1 from outside the US then no NEED of COS since you doesn't have any status. Just think about the people who come to US first time on H1, their employers doesn't file COS they simple file H1 directly.

[mahmoodmd2007]

Thank you so much Rahul for the answers.

 

One more concern is my colleague was saying that while I am out of United States for such a long time after my Masters (from March/April to October) the Visa Officer during the interview at the time of stamping of H1 might ask why did I leave US for so long then what would I say ? I mean what if he asks that why didn't I apply for COS and just H1 even though when I was an F1.... I know these are very naive questions but still thanks for replying!

[rahul412]

Thank you so much Rahul for the answers.

 

One more concern is my colleague was saying that while I am out of United States for such a long time after my Masters (from March/April to October) the Visa Officer during the interview at the time of stamping of H1 might ask why did I leave US for so long then what would I say ? I mean what if he asks that why didn't I apply for COS and just H1 even though when I was an F1.... I know these are very naive questions but still thanks for replying!

Just tell the truth.

 

When you are out of US then you have no status, hence no COS is required.