h1b amendment with cos


chinmaydutta

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Hi Sir,

My petition got approved but the cos got denied. My employer is a consultancy which places employees in different client places. They asked me to search for a job and then they can get my h1 b amended with a cos by applying it through premium processing mode. I can start working for the client 15 days after h1b amendment with change of status is approved which can be filed only after I get the job offer. Is it possible? I assumed that I had to go for consular processing or go for a h1b transfer. There is no other go. But is this another option or I need to check again with my employer regarding the feasibility of this idea.

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Hi Sir,

My petition got approved but the cos got denied. My employer is a consultancy which places employees in different client places. They asked me to search for a job and then they can get my h1 b amended with a cos by applying it through premium processing mode. I can start working for the client 15 days after h1b amendment with change of status is approved which can be filed only after I get the job offer. Is it possible? I assumed that I had to go for consular processing or go for a h1b transfer. There is no other go. But is this another option or I need to check again with my employer regarding the feasibility of this idea.

Searching for a project and client is your employer's job. Stay out of it. I would strongly suggest you to find a good employer where you can work as a direct employee and let the employer apply a cap exempt H1B petition with COS.

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I agree. I was unable to put across my thought in words properly. What I meant to say is they do find me clients and the clients normally take interviews. Once a client t agrees to take me at their site they will file my amendment and at the same time a change of status. My question is that is it feasible.? Or they are just playing around with me.I do want to stay with them as they have been really nice to me. But now I have started doubting their intent.

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I agree. I was unable to put across my thought in words properly. What I meant to say is they do find me clients and the clients normally take interviews. Once a client t agrees to take me at their site they will file my amendment and at the same time a change of status. My question is that is it feasible.? Or they are just playing around with me.I do want to stay with them as they have been really nice to me. But now I have started doubting their intent.

Reason for COS denial? 

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It seems like a mis-communication from my attorney. He mentioned my H4 i94 validity till August 2013 but it was valid till August 2015. He was telling he could apply for a correction but any ways we have to amend the petition once I get a client. So he told me to apply for COS with H1b amendment in premium processing mode so that I can start working immediately upon the approval of COS. As I have maintained my legal status from February till date without going out of the country it wont be a problem to get the COS approved. This was his point of view. He sounded confident when I spoke to him. As I requested an audience with the attorney from my employer as I was a bit tensed and had queries if I am in proper status in USA. This is all that the attorney has to tell me. I wanted to get it verified through the elite members of Murthy forum.

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It seems like a mis-communication from my attorney. He mentioned my H4 i94 validity till August 2013 but it was valid till August 2015. He was telling he could apply for a correction but any ways we have to amend the petition once I get a client. So he told me to apply for COS with H1b amendment in premium processing mode so that I can start working immediately upon the approval of COS. As I have maintained my legal status from February till date without going out of the country it wont be a problem to get the COS approved. This was his point of view. He sounded confident when I spoke to him. As I requested an audience with the attorney from my employer as I was a bit tensed and had queries if I am in proper status in USA. This is all that the attorney has to tell me. I wanted to get it verified through the elite members of Murthy forum.

Well, it seems plausible that they entered a wrong date for your H4 I94 validity. Yes, they could do a COS in premium processing once they find a project and client.

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  • 9 months later...

Sounds convincing....

 

Quick question, can this new petition for changing status from H-4 to H-1 be done by the same employer.

Would that be construed by USCIS as a change of intent in employment ?

 

Have heard that the same employer cannot file multiple petitions for the same candidate..would that be applicable in this scenario too ?

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