L1B to H4 to H1b(Old year 2008 got in India) Change of status Query

[Visa_rs]

Please guide me my scenario is as below.

 

1. I worked on L1B till AUG-12-2013 have salary slip till AUG-12-2013 date. Worked on L1B status 3 years and 24 days.Applied for H4 before leaving L1B Company got the receipt before AUG-12-2013.Also Have past approved I-797 H1b while I was in India year 2008. 

 

2. Got a job offer from some new company will get client letter (stating roles and responsibilities and location of work). Filling COS from H4 to H1B what are the chances I can get consular processing instead of COS?

 

3. If I don't get a client letter or if I get a better offer from other company that can also provide client letter. How much time do I have for COS as my last salary slip on L1B was on AUG-12-2013 and now the GAP between last salary slip and filing for change of status is growing?

 

4. As far I know I am cap exempt for 6 years these 6 years will complete on October 2014.If there is more Gap in finding the job will there be issue like COS not approved or 2008 H1B not accepted/invalidated because of salary slip GAP or H1B visa not used for 5 years.

 

5. There are few companies that can file my change of status based on their internal project. What are the chances getting COS approved on internal project? Are the chances same as filing with Client offer and letter?

 

Thanks a lot in Advance

[Visa_rs]

Any reply on this will highly appreciated. Its been 1 month no reply.  

 

Thanks is advance.

[Visa_rs]

Please guide me my scenario is as below.

 

1. I worked on L1B till AUG-12-2013 have salary slip till AUG-12-2013 date. Worked on L1B status 3 years and 24 days.Applied for H4 before leaving L1B Company got the receipt before AUG-12-2013.Also Have past approved I-797 H1b while I was in India year 2008. 

 

2. Got a job offer from some new company will get client letter (stating roles and responsibilities and location of work). Filling COS from H4 to H1B what are the chances I can get consular processing instead of COS?

 

3. If I don't get a client letter or if I get a better offer from other company that can also provide client letter. How much time do I have for COS as my last salary slip on L1B was on AUG-12-2013 and now the GAP between last salary slip and filing for change of status is growing?

 

4. As far I know I am cap exempt for 6 years these 6 years will complete on October 2014.If there is more Gap in finding the job will there be issue like COS not approved or 2008 H1B not accepted/invalidated because of salary slip GAP or H1B visa not used for 5 years.

 

5. There are few companies that can file my change of status based on their internal project. What are the chances getting COS approved on internal project? Are the chances same as filing with Client offer and letter?

 

Thanks a lot in Advance

 

 

Reply on this is be highly appreciated. It been 1 month no reply

 

Thanks in advance.

[jairichi]

Reply on this is be highly appreciated. It been 1 month no reply

 

Thanks in advance.

If you do not have a client letter the chances of RFE is high and later a reason for denial of COS to H1B. You will get 6 years - time spent on L1B.

[ge145]

1.. I worked on L1B till AUG-12-2013 have salary slip till AUG-12-2013 date. Worked on L1B status 3 years and 24 days.Applied for H4 before leaving L1B Company got the receipt before AUG-12-2013.Also Have past approved I-797 H1b while I was in India year 2008. 

 

2. Got a job offer from some new company will get client letter (stating roles and responsibilities and location of work). Filling COS from H4 to H1B what are the chances I can get consular processing instead of COS?

Depends on how strong you file the application for COS. It all ends up to the lawyer n their team

 

3. If I don't get a client letter or if I get a better offer from other company that can also provide client letter. How much time do I have for COS as my last salary slip on L1B was on AUG-12-2013 and now the GAP between last salary slip and filing for change of status is growing?

The Gap is ensuring you are in status as you have the H4 receipt of case. Im not sure whats the confusion here ?

 

4. As far I know I am cap exempt for 6 years these 6 years will complete on October 2014.If there is more Gap in finding the job will there be issue like COS not approved or 2008 H1B not accepted/invalidated because of salary slip GAP or H1B visa not used for 5 years.

6 yrs - is from the date you are in US and working on H1b/L1

In your case, as you have mentioned u r on L1 for some time, its not 6 yet.

 

5. There are few companies that can file my change of status based on their internal project. What are the chances getting COS approved on internal project? Are the chances same as filing with Client offer and letter?

My answer to this is how strong your company and their lawyer file your application.

[prash001]

H1B TO H4 ( Change of Status)

 

 

Currently my wife is on H1B and is planning to resign and apply for change of status (H4) based on my H1B (I797) as my dependent.

 

Question: Can she submit a resignation letter once the USCIS receives her COS application? She is planning to put a 25 -30 Days later date ( from her resignation date) as her last date of working in her resignation letter. Will she be legally in status if she receives the USCIS COS Application recipt within 25 -30 days from the resignation date ? and also can she live in United states legally during the gap period i.e. from her resignation date until her H4(COS) gets approved?

 

Thanks

[jairichi]

H1B TO H4 ( Change of Status)

 

 

Currently my wife is on H1B and is planning to resign and apply for change of status (H4) based on my H1B (I797) as my dependent.

 

Question: Can she submit a resignation letter once the USCIS receives her COS application? She is planning to put a 25 -30 Days later date ( from her resignation date) as her last date of working in her resignation letter. Will she be legally in status if she receives the USCIS COS Application recipt within 25 -30 days from the resignation date ? and also can she live in United states legally during the gap period i.e. from her resignation date until her H4(COS) gets approved?

 

Thanks

As long as her I94 is valid and decision pending for a COS from H1B to H4 she can work or stop working for her current employer. She will be in legal status till a decision is made.

[ge145]

As soon as you have the receipt for COS from H1 to H4, u r in status. You can quit if you want the next day.