Need help on urgent basis - COS for Approved H1

vin111

By vin111,
in H1B : I-94 Cards

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vin111 Newbie

vin111

Posted
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Hi,

 

I was working in US on L1b from past 1 year and i had to go india in mar-13 as i am done with my project. So I had to apply my H1b with out I-94 on 1st Apr-13. I came back to US on L1B in May-13 for other project and my H1 got approved at the EOD of June-13. Can i now apply fro COS with out going to india for Stamping.

 

I am really confused as some are saying i can go for COS here itself and some are saying that i have to go to india for stamping. Really appriciate your help..

 

Regards,

Vin111

vin111 Newbie

vin111

Posted
  • Author
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Jairichi: Thanks for the reply.. but my employer is saying i have to go to india for stamping . Do you know anyone who has gone through this process.. If yes pls share the info

jairichi Advanced Member

jairichi

Posted
Posted

Jairichi: Thanks for the reply.. but my employer is saying i have to go to india for stamping . Do you know anyone who has gone through this process.. If yes pls share the info

Do you have I94 attached to your approved I797? If not, then you have to exit the country and enter with an I94

jairichi Advanced Member

jairichi

Posted
Posted

You cannot avoid the H1 visa if that is what you want to do? If your employer wants you to get the visa it suggests he is on the level.

Is it based on the fact that he does not have an I94 attached to his approved I797 or just because employer wants him to do it?

jairichi Advanced Member

jairichi

Posted
Posted

Both. His employer can of course file a H1 petition with COS from L1  which implies the H1 sponsor will need to spend the money for another H1 petition. Why should he?

Got it. Thanks Pontevecchio

vin111 Newbie

vin111

Posted
  • Author
Posted

Hello ,

 

There is a clause in my Approval notice (I-797) and pasting the below. by this i can go for "amandment" just applying new I-129 which is $325 (as per USCIS site)

I really dont no why employer has to pay all the H1 fee again.

 

Content from my Approval:

 

If Circunstances change, The petitioner can file form I-824 to have us notify another consulate of this approval.

If any of the workers are already in the U.S the petitioned can file new form I-129 to seek to change or extend their status based on this petition. Change in employment or training may alos require a new petition. Include a copy of this notice with any other required documentation.

 

What it meas??

jairichi Advanced Member

jairichi

Posted
Posted

Hello ,

 

There is a clause in my Approval notice (I-797) and pasting the below. by this i can go for "amandment" just applying new I-129 which is $325 (as per USCIS site)

I really dont no why employer has to pay all the H1 fee again.

 

Content from my Approval:

 

If Circunstances change, The petitioner can file form I-824 to have us notify another consulate of this approval.

If any of the workers are already in the U.S the petitioned can file new form I-129 to seek to change or extend their status based on this petition. Change in employment or training may alos require a new petition. Include a copy of this notice with any other required documentation.

 

What it meas??

My understanding is your employer would have filed a H1B petition for consular processing and that is one of the reason why I94 was not requested. It is not a change of status (COS) for you from L1 to H1B. That might be the reason why they want you to exit US and re-enter with valid H1B visa. 

 

Sometimes your document would mention the consulate that you need to approach for a H1B visa. If you would like to change that consulate you need to file form I-824.

 

On the whole you need to exit US, get your H1B visa stamped and enter US.

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