H1B- Withdrawal H4 stamped trying to move to H1B need COS

[H12H4]

Hi,

 

I have below questions, I seriously appreciate any thoughts and help on my below mentioned questions.

 

Case:

I was on h1b [ first 3 years of h1b], I had to go for h1b stamping but it dint go smooth, i was issued two 221g and also while i was on vacation, due to delays in my stamping, my project was ended. So i was asked to withdraw my H1B stamping application by my employer and then I applied for H4 visa. I got my H4 visa stamped with no issues and was able to come back. Now i am trying to go back on H1B. I was told by attorney, that i need a COS from H4 to H1 and dont have to wait for quota, as I was already on h1.

 

Below are my question

 

1. When can i start working? Do i need a COS H4 to H1 approval to start working?

2. Do i need to go for H1B stamping before, I start working?

3. Do i need to wait till october 2013 to start working?

4. Will i be able to use my unused days on my 1st H1B? [ I had H1B issued till 2015. I have used around 7-8 months only, will i get remaining years to use?]

5. What COS(Change of Status) from H4 to H1B mean? Do they need to file new H1B?

6. How much time does it take for COS to approved?

 

 

 

 

[jairichi]

Hi,

 

I have below questions, I seriously appreciate any thoughts and help on my below mentioned questions.

 

Case:

I was on h1b [ first 3 years of h1b], I had to go for h1b stamping but it dint go smooth, i was issued two 221g and also while i was on vacation, due to delays in my stamping, my project was ended. So i was asked to withdraw my H1B stamping application by my employer and then I applied for H4 visa. I got my H4 visa stamped with no issues and was able to come back. Now i am trying to go back on H1B. I was told by attorney, that i need a COS from H4 to H1 and dont have to wait for quota, as I was already on h1.

 

Below are my question

 

1. When can i start working? Do i need a COS H4 to H1 approval to start working?

2. Do i need to go for H1B stamping before, I start working?

3. Do i need to wait till october 2013 to start working?

4. Will i be able to use my unused days on my 1st H1B? [ I had H1B issued till 2015. I have used around 7-8 months only, will i get remaining years to use?]

5. What COS(Change of Status) from H4 to H1B mean? Do they need to file new H1B?

6. How much time does it take for COS to approved?

(1) You can start working once you receive receipt notice. But, it is always suggested to wait for approval.

(2) If you are doing a COS you do not need to go for stamping.

(3) No

(4) Yes, you will get 6 years - 7 to 8 months used

(5) A COS is like filing a new H1B only that in your case it is not subject to cap.

(6) Normal processing 2.5 months and by PP 15 calendar days

[jairichi]

Hi,

 

I have below questions, I seriously appreciate any thoughts and help on my below mentioned questions.

 

Case:

I was on h1b [ first 3 years of h1b], I had to go for h1b stamping but it dint go smooth, i was issued two 221g and also while i was on vacation, due to delays in my stamping, my project was ended. So i was asked to withdraw my H1B stamping application by my employer and then I applied for H4 visa. I got my H4 visa stamped with no issues and was able to come back. Now i am trying to go back on H1B. I was told by attorney, that i need a COS from H4 to H1 and dont have to wait for quota, as I was already on h1.

 

Below are my question

 

1. When can i start working? Do i need a COS H4 to H1 approval to start working?

2. Do i need to go for H1B stamping before, I start working?

3. Do i need to wait till october 2013 to start working?

4. Will i be able to use my unused days on my 1st H1B? [ I had H1B issued till 2015. I have used around 7-8 months only, will i get remaining years to use?]

5. What COS(Change of Status) from H4 to H1B mean? Do they need to file new H1B?

6. How much time does it take for COS to approved?

(1) My reply might be wrong. When you are currently in H1B and moving to a new employer you could start working immediately once a receipt notice is obtained. But, it is always suggested to wait for approval. I am not very sure whether the same is applicable for COS from H4 to H1B.

[pontevecchio]

If one is in H4 status one cannot start a H1 job on receipt and has to wait for approval. That is not true for a person already in H1 status.

[jairichi]

If one is in H4 status one cannot start a H1 job on receipt and has to wait for approval. That is not true for a person already in H1 status.

Pontevecchio, thanks for clarifying.