Do i need to go for stamping ?


ankit2508

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Last year in 2013 i came to US on H4 and one of the employer filed my H1B . Due to some reason i went back to India and came back to US before Approval on H4 only. Now my H1B got approved till 2016 but there is no I-94 on that petition (i797) and its saying that need to go for counselor processing.  Also the employer is lingering on filing for COS (H4 to H1B). The queries are 

 

1- Can i try for H1B tranfer + COS(H4 to H1B) with any other employer ? Also, if i do so .. Do i need to go for Counselor processing to get my Visa Stamped OR  only by Transfer + COS (H4 to H1B) I can start working on H1B ?

 

2- What all documents i need to take from current Employer if i go for Transfer + COS with other employer ?

 

Please reply soon :(

 

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Last year in 2013 i came to US on H4 and one of the employer filed my H1B . Due to some reason i went back to India and came back to US before Approval on H4 only. Now my H1B got approved till 2016 but there is no I-94 on that petition (i797) and its saying that need to go for counselor processing.  Also the employer is lingering on filing for COS (H4 to H1B). The queries are 
 
1- Can i try for H1B tranfer + COS(H4 to H1B) with any other employer ? Also, if i do so .. Do i need to go for Counselor processing to get my Visa Stamped OR  only by Transfer + COS (H4 to H1B) I can start working on H1B ?
 
2- What all documents i need to take from current Employer if i go for Transfer + COS with other employer ?
 
Please reply soon :(

 

1. Yes, a new employer can file COS and if approved with an I797 and I94 there is no need for visa stamping. In that case you can start working immediately.

2. Copy of your I797.

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