COS from h4 to h1 query


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Hi,

 

My spouse is currently on h1 and i have an h4 from her employer. I am planning to apply for a fresh h1 this year.

I had a few question regarding COS and need your opinion on this:

 

Q1> Can i apply for a fresh h1 when i am in the US and not apply  COS for now as i am planing to go back to india in 2 months?

Q2> If my h1 get approved can i come back to the US again and H4 and then apply for a COS?

 

If Q2 is true should my employer pay the H1 fees again for filing COS?

 

Please suggest me on this ASAP.

 

 

 

 

 

 

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Hi,

 

My spouse is currently on h1 and i have an h4 from her employer. I am planning to apply for a fresh h1 this year.

I had a few question regarding COS and need your opinion on this:

 

Q1> Can i apply for a fresh h1 when i am in the US and not apply  COS for now as i am planing to go back to india in 2 months?

Q2> If my h1 get approved can i come back to the US again and H4 and then apply for a COS?

 

If Q2 is true should my employer pay the H1 fees again for filing COS?

 

Please suggest me on this ASAP.

1. Yes.

2. Yes. Employer files for COS and pays H1B fees again. You can start working only after approval.

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Sorry if i was not clear, i will try to rephrase my question :

 

My wife is in US and I plan to come to US in March and apply for H1 and then go back to India by end of April because due to personal reasons i 
cannot stay in US on LOP so my question is 

If my H1 is approved 

1. Do I have to get my H1 stamping done to enter US when i am returning ? or can I come to US before Oct 1st on H4 ? 

2. Will coming back to US on H4 after H1 approval cancel my H1 ? 

3. Since I plan to go to India and come back my Oct, can I apply for COS on my return? 
 

I am really confused because i am getting different answers from different people .. please help

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Sorry if i was not clear, i will try to rephrase my question :

 

My wife is in US and I plan to come to US in March and apply for H1 and then go back to India by end of April because due to personal reasons i 

cannot stay in US on LOP so my question is 

If my H1 is approved 

1. Do I have to get my H1 stamping done to enter US when i am returning ? or can I come to US before Oct 1st on H4 ? 

2. Will coming back to US on H4 after H1 approval cancel my H1 ? 

3. Since I plan to go to India and come back my Oct, can I apply for COS on my return? 

 

I am really confused because i am getting different answers from different people .. please help

1. If you want to start working from Oct 1st then you need to enter US with a H1B visa and I797 at the max 10 days before H1B start date. If you want to enter just on H4 then you could use H4 visa.

2. No.

3. Your employer only can file a COS. Employer has to pay H1B fees again.

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Thanks Jairichi for your prompt response. 
 
So based on your response if I come back to US on H4 after H1 approval my H1 will become invalid and my employer will need to reapply for H1 again. Is that right? 
 
So if they are paying H1 fees again in Oct when apply for COS it will not be fresh H1 for me anymore and the approval may happen easily. Is that right again? 
 

What is H1 fees?

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Thanks Jairichi for your prompt response. 

 

So based on your response if I come back to US on H4 after H1 approval my H1 will become invalid and my employer will need to reapply for H1 again. Is that right? 

 

So if they are paying H1 fees again in Oct when apply for COS it will not be fresh H1 for me anymore and the approval may happen easily. Is that right again? 

 

What is H1 fees?

 

If employer files H1B petition as COS from H4 to H1B and it gets approved before your departure outside US then you can enter US later (i.e. before Oct 2014) with a H4 visa and automatically will move to H1B status from 1st oct 2014.

But, if you leave US before approval of your H1B petition then your COS part of H1B part is considered abandoned. You can still enter US with a H4 visa. But, to start working either you exit and enter US with a H1B visa or employer files for COS from H4 to H1B and pay H1B fee again. In this situation it is a cap exempt H1B petition and you can start to work immediately after approval.

 

H1B fee is paid by employer and is not of relevance to you. You can check USCIS website for fee details.

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