H1b approved but COS denied

[gnanam1]

Hi,

 

I am currently in US on H4 visa. My H1 was filed by "Employer A" this Apr '13 and it has been approved as on 24 Sep 13. But my change of status from H4 to H1 has been denied. This was because I traveled outside US due to a family emergency while the processing was going on.

 

Heard from Employer A that I have just 2 options-

 

Option 1 - Get stamping outside US and re-enter on H1B visa

 

Option 2 - We need to do H1B amendment

 

Now another employer "Employer B" has a long term requirement and is willing to make an offer.

 

Questions -

 

1. Is it possible for "Employer B" to file the H1B amendment and take me in.

 

2. Is it safe for "Employer B" to do premium processing?

 

3. In general, how long does the H1b amendment process take? For general and premium processing.

 

 

Thanks,

Gnana

[srenushekar]

Ghana,

 

Did you get RFE or direct approval?? 

It seems like you come back before approval, did you send new I94 to USCIS?

[pontevecchio]

Option 2 from A meant filing a H1 petition again with COS from H4. If he wants you to pay that is not legal.

 

1. It is possible for any H1 sponsor to file a H1 petition for you with COS from H4

2. No LCA determinations till the shutdown is over in any case. What is "safe"?

3. No amendment of any sort. A new petition filing is involved.

 

How come A is not telling you to leave and come back with the visa or they will revoke your H1? Does he not have an actual job for you?

[jairichi]

 

Hi,

 

I am currently in US on H4 visa. My H1 was filed by "Employer A" this Apr '13 and it has been approved as on 24 Sep 13. But my change of status from H4 to H1 has been denied. This was because I traveled outside US due to a family emergency while the processing was going on.

 

Heard from Employer A that I have just 2 options-

 

Option 1 - Get stamping outside US and re-enter on H1B visa

 

Option 2 - We need to do H1B amendment

 

Now another employer "Employer B" has a long term requirement and is willing to make an offer.

 

Questions -

 

1. Is it possible for "Employer B" to file the H1B amendment and take me in.

 

2. Is it safe for "Employer B" to do premium processing?

 

3. In general, how long does the H1b amendment process take? For general and premium processing.

 

 

Thanks,

Gnana

 

1. It is a new H1B cap exempt petition and not an amendment.

2. Yes.

3. Like I said it is a cap exempt petition and it would take 2.5 months by general and 15 calendar days by premium processing.

 

But, you need to wait till shutdown is over as LCAs are not being processed.

[omshiv]

Just go out and come back with stamped H1.