H4 to H1 Posted September 27, 2013 Report Share Posted September 27, 2013 Hi, Currently i am in H4 visa. This year i have applied for H1b and it got approved but Change Of Status was denied since i was out of country during the approval time. Now i am back to U.S and asking my employer to file COS but she wants to file H1b premium processing with cap exempt, is it possible before or after October without pay stubs? Link to comment
jairichi Posted September 27, 2013 Report Share Posted September 27, 2013 Hi, Currently i am in H4 visa. This year i have applied for H1b and it got approved but Change Of Status was denied since i was out of country during the approval time. Now i am back to U.S and asking my employer to file COS but she wants to file H1b premium processing with cap exempt, is it possible before or after October without pay stubs? Yes, it is possible before and after Oct without paystubs as you are currently in H4 status Link to comment
rahul412 Posted September 27, 2013 Report Share Posted September 27, 2013 Hi, Currently i am in H4 visa. This year i have applied for H1b and it got approved but Change Of Status was denied since i was out of country during the approval time. Now i am back to U.S and asking my employer to file COS but she wants to file H1b premium processing with cap exempt, is it possible before or after October without pay stubs? Why do you need a new H1 when your H1 is already approved for this year?? Link to comment
jairichi Posted September 27, 2013 Report Share Posted September 27, 2013 Why do you need a new H1 when your H1 is already approved for this year?? @rahul412: Isn't OP traveling outside US at the time of H1B petition processing considered as abandoning COS? And, OP had mentioned COS has been denied because of this reason and OP has come back to US on H4. Correct me if I am wrong. Link to comment
pontevecchio Posted September 27, 2013 Report Share Posted September 27, 2013 Filing a H1 petition with COS is one way. Leaving and coming back with the H1 visa is another. Link to comment
rahul412 Posted September 27, 2013 Report Share Posted September 27, 2013 @rahul412: Isn't OP traveling outside US at the time of H1B petition processing considered as abandoning COS? And, OP had mentioned COS has been denied because of this reason and OP has come back to US on H4. Correct me if I am wrong. That's correct ,but OP's H1 is approved. He/she doesn't need new H1, just file COS from H4 to H1. Link to comment
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