H1B with out COS

[srvnti.g]

Hi,

 

1) I am on a H4 until Sep,2015 and would like to apply for H1b with out COS as I need to travel to india while H1B in progress.Can we apply H1 with out COS?

 

2) If petition with out COS is approved from oct 2014, is there any obligation to apply for COS immediately after H1b approval. How many days can I continue on H4 with out applying COS?

 

3) As per DOL, Is there any obligation for the employer to run payroll as soon as H1b is approved. Is it fine he doesnt run any payroll until COS is applied and approved?

 

4) Lets say, H1b with out COS is approved while I am in india, will I have any problems re-entering US in H4 status?

 

5) Lets say my H1B without COS  is approved while I am in US and I travelled to India after receiving the approval. Will I have any problem re-entering US using H4 visa?

 

6) If H1b petition is denied, will I loose my H4 status and have to apply for H4 again? My H4 status is currently valid until Sep,2015.

[jairichi]

Hi,

 

1) I am on a H4 until Sep,2015 and would like to apply for H1b with out COS as I need to travel to india while H1B in progress.Can we apply H1 with out COS?

 

2) If petition with out COS is approved from oct 2014, is there any obligation to apply for COS immediately after H1b approval. How many days can I continue on H4 with out applying COS?

 

3) As per DOL, Is there any obligation for the employer to run payroll as soon as H1b is approved. Is it fine he doesnt run any payroll until COS is applied and approved?

 

4) Lets say, H1b with out COS is approved while I am in india, will I have any problems re-entering US in H4 status?

 

5) Lets say my H1B without COS  is approved while I am in US and I travelled to India after receiving the approval. Will I have any problem re-entering US using H4 visa?

 

6) If H1b petition is denied, will I loose my H4 status and have to apply for H4 again? My H4 status is currently valid until Sep,2015.

1. Yes.

2. No. You can stay on H4 as long as your I94 is valid.

3. You can join employer only when COS from H4 to H1B is approved and employer can run payroll once you join them.

4. No.

5. No.

6. No.

[pontevecchio]

What about the H1 visa?