hemant_d Posted November 7, 2013 Report Share Posted November 7, 2013 Hi, I applied for change of Status of visa from H4 to H1 in March 2013. After applying I went back to India in Apr 2013 as my h4 visa was expired on 31st March 2013. I got a RFE asking for i94. So I came back in Aug 2013 & responded the RFE. I got the H1 approved in Nov 2013 BUT COS did not happen & they requested me to go to India consulate for stamping, Only then I will be able to work on H1. Is there any option for me to avoid travel to india & get my COS done ? Thanks in advance. Hemant Link to comment
jairichi Posted November 7, 2013 Report Share Posted November 7, 2013 Hi, I applied for change of Status of visa from H4 to H1 in March 2013. After applying I went back to India in Apr 2013 as my h4 visa was expired on 31st March 2013. I got a RFE asking for i94. So I came back in Aug 2013 & responded the RFE. I got the H1 approved in Nov 2013 BUT COS did not happen & they requested me to go to India consulate for stamping, Only then I will be able to work on H1. Is there any option for me to avoid travel to india & get my COS done ? Thanks in advance. Hemant You can travel to Jamaica or Bahamas or UK and get your H1B visa. Link to comment
rahul412 Posted November 7, 2013 Report Share Posted November 7, 2013 Is there any option for me to avoid travel to india & get my COS done ? No, AFAIK Link to comment
hemant_d Posted November 8, 2013 Author Report Share Posted November 8, 2013 Guys, Thanks for your response. Basically I am having my visa from a small desi firm & which is going to show in house project for me. Can you pls share with me which all documents I need to carry ? Thanks, Hemant Link to comment
JoeF Posted November 8, 2013 Report Share Posted November 8, 2013 Forget stamping then. "In-house project" is a known code-word for on bench. The consulates want to see a client letter. Are you getting paid? You know that you have to get paid all the time, even on bench, right? Link to comment
rahul412 Posted November 8, 2013 Report Share Posted November 8, 2013 Guys, Thanks for your response. Basically I am having my visa from a small desi firm & which is going to show in house project for me. Can you pls share with me which all documents I need to carry ? Thanks, Hemant All the documents related to your project. Just ask your employer. Link to comment
hemant_d Posted November 9, 2013 Author Report Share Posted November 9, 2013 @ JoeF, Thanks for response. But as my H1 is not approved I will not be get paid... Link to comment
hemant_d Posted November 9, 2013 Author Report Share Posted November 9, 2013 Guys, as you know in my case, COS doing now is one option & other option is go to India & get stamp done. Which one is having more risk ? COS filing now is as good as filing a fresh H1 ? If yes, can my H1 get rejected , which is already approved ? or its just the case (at worst case) only my COS will get rejected again ? What is the cost of COS ? My employer says all the guys who has filed the h1 & cos gone well as they did not left USA. Thanks in advance Link to comment
hemant_d Posted November 9, 2013 Author Report Share Posted November 9, 2013 @JoeF my h1 is not approved so I do not get paid. Thanks for responding Link to comment
jairichi Posted November 9, 2013 Report Share Posted November 9, 2013 @ JoeF, Thanks for response. But as my H1 is not approved I will not be get paid... That is correct. You are currently on H4 status as COS is denied. Guys, as you know in my case, COS doing now is one option & other option is go to India & get stamp done. Which one is having more risk ? COS filing now is as good as filing a fresh H1 ? If yes, can my H1 get rejected , which is already approved ? or its just the case (at worst case) only my COS will get rejected again ? What is the cost of COS ? My employer says all the guys who has filed the h1 & cos gone well as they did not left USA. Thanks in advance COS has to be applied by employer and employer has to pay again H1B fees. I am sure your employer would not be interested in this route. The other option is exiting US and applying for a H1B visa. If it was mentioned in your I797 to go for visa stamping at US consulate in India you have no option other than doing so. Whether your company is a big one or not it does not matter for USCIS & US consulate. What matters the most is whether you have all required documents to succeed in getting a H1B visa. Check this with an independent attorney. Link to comment
JoeF Posted November 9, 2013 Report Share Posted November 9, 2013 @ JoeF, Thanks for response. But as my H1 is not approved I will not be get paid... True, I overlooked that. But, you won't get stamping or COS unless you have a project, and can provide a client letter. A client letter is a must nowadays. Link to comment
rahul412 Posted November 10, 2013 Report Share Posted November 10, 2013 @JoeF my h1 is not approved so I do not get paid. Thanks for responding But in the first post you said it's approved. Link to comment
hemant_d Posted November 11, 2013 Author Report Share Posted November 11, 2013 But in the first post you said it's approved. Yes h1 is approved with COS denial .. Link to comment
JoeF Posted November 11, 2013 Report Share Posted November 11, 2013 But in the first post you said it's approved. But without COS, so the OP is not in H1 status. For getting an H1 visa or a COS to H1, the OP would have to show a client letter. Link to comment
rahul412 Posted November 11, 2013 Report Share Posted November 11, 2013 Yes h1 is approved with COS denial .. Then why did you said your H1 is not approved?? Are you confused about your H1?? Like @joe said, just do it. If you are not sure what to do, then contact some attorney ASAP. Link to comment
hemant_d Posted November 12, 2013 Author Report Share Posted November 12, 2013 Then why did you said your H1 is not approved?? Are you confused about your H1?? Like @joe said, just do it. If you are not sure what to do, then contact some attorney ASAP. well sorry for confusion, the final fact is , h1 is approved with COS denial .. Now i am wondering if i should file COS or go for stamping.. Yes i will consult attorney .. Link to comment
jairichi Posted November 12, 2013 Report Share Posted November 12, 2013 well sorry for confusion, the final fact is , h1 is approved with COS denial .. Now i am wondering if i should file COS or go for stamping.. Yes i will consult attorney .. Your employer can file a COS and pay all H1B fees again or you can leave and enter US with a H1B visa. COS petition approval takes a minimum of 3 months for approval by regular processing or 15 calendar days by premium processing. Good that you have not started to work as you are still on H4 status. Link to comment
rahul412 Posted November 12, 2013 Report Share Posted November 12, 2013 well sorry for confusion, the final fact is , h1 is approved with COS denial .. Now i am wondering if i should file COS or go for stamping.. Yes i will consult attorney .. Ask your employer. Link to comment
shyamsundar124 Posted December 16, 2013 Report Share Posted December 16, 2013 Hemanth, I am in the same status as you. I have my H1B approved but COS denied since I went out of the country. What are you currently planning now? I am planning to stamp my visa in Canada. Thanks Link to comment
Smita behera Posted March 28, 2019 Report Share Posted March 28, 2019 I am in same situation now .. Could you please update if your cos was approved or what option did you choose ? Link to comment
pontevecchio Posted March 28, 2019 Report Share Posted March 28, 2019 The OP is 6 years old. Ask your own question with details in a separate thread. Link to comment
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