H1 B approved..COS denied

[gchoubis]

Hi, I have a approved H1B ..but COS from L1 to H1B was denied (because I had to go out of states in between for some purpose). My H1B was being applied by an external local employer. They are saying that I should try to get myself into a project..once I get a project/client..I can go out of states for H1B Stamping. Please let me know how feasible is thing option.

 

Also, can I do H1B transfer although my COS was denied ? 

[jairichi]

Hi, I have a approved H1B ..but COS from L1 to H1B was denied (because I had to go out of states in between for some purpose). My H1B was being applied by an external local employer. They are saying that I should try to get myself into a project..once I get a project/client..I can go out of states for H1B Stamping. Please let me know how feasible is thing option.

 

Also, can I do H1B transfer although my COS was denied ? 

Since your H1B COS has been denied you can keep working for your L1 employer (provided your I94 is still valid) till your H1B employer finds a project for you. Once you decide to join H1B employer you need to exit US, get a H1B stamped and enter. This is a simple route.

 

H1B employer can file again for COS but he has to pay H1B fees again. I am not sure how far your H1B employer would be interested to take this route.

[rahul412]

 They are saying that I should try to get myself into a project..once I get a project/client..I can go out of states for H1B Stamping. Please let me know how feasible is thing option.

That's unethical. Your employer is supposed to find you a project not you. Since he doesn't have any projects to place you, he is scared of sending you for an visa interview since you need client letter for interview.

 

One important thing, you need to get paid every month when you are on H1.And my understanding is that, currently you are out of status because of your COS denial.

[t75]

Your employer is responsible for placing you on a project. Find a "real" employer.

[gchoubis]

yes..the original client, considering whom my H1 was filed, backed out and doesnt want me to work with their company any more. This is why I'm in such a situation now. Also, I would like to know that whether with H1B approved, but COS denied, can I get a H1B transfer done?

[jairichi]

yes..the original client, considering whom my H1 was filed, backed out and doesnt want me to work with their company any more. This is why I'm in such a situation now. Also, I would like to know that whether with H1B approved, but COS denied, can I get a H1B transfer done?

Yes, you can

[rahul412]

yes..the original client, considering whom my H1 was filed, backed out and doesnt want me to work with their company any more. This is why I'm in such a situation now. Also, I would like to know that whether with H1B approved, but COS denied, can I get a H1B transfer done?

I guess you need new I94.