H4 to H1B - LCA and Amendment due to abandoned COS


xyzabc1334

Recommended Posts

Hi,

 

My wife’s H-1B got approved in March, 2014 while she was in India. Her employer received I-797A and COS(which was abandoned). She re-entered USA a few days back on H4 status.

 

Her employer is ready to file for a LCA+Amendment

 

Please guide us if the below sequence will be the best possible approach or please suggest if there are any alternatives available:

 

1.              File LCA with the employer’s current location

2.              File for the Amendment

3.              Once my wife gets a job (on contract), an LCA will be filed w.r.t her client’s location

 

 

Also please let me know:

 

A.  Step 1 and 3:

 

     a.              How much time does it take to get LCA?

 

     b.              Is there an option to do Premium processing

 

 

B.  Step 2:

 

     a.   How much time does it take to get the amendment done in Premium processing?

 

     b.  

         i.    How much time does it take to get the amendment done in General processing?

 

         ii.   Can it be converted to Premium processing once my wife gets a job?

 

C.  Is there still a chance that the LCA or Amendment will get rejected? Does it affect the approved H-1B petition in any way, if yes what needs to be done?

 

 

Thanks in advance.

Link to comment

Hi,

 

My wife’s H-1B got approved in March, 2014 while she was in India. Her employer received I-797A and COS(which was abandoned). She re-entered USA a few days back on H4 status.

 

Her employer is ready to file for a LCA+Amendment

 

Please guide us if the below sequence will be the best possible approach or please suggest if there are any alternatives available:

 

1.              File LCA with the employer’s current location

2.              File for the Amendment

3.              Once my wife gets a job (on contract), an LCA will be filed w.r.t her client’s location

 

 

Also please let me know:

 

A.  Step 1 and 3:

 

     a.              How much time does it take to get LCA?

 

     b.              Is there an option to do Premium processing

 

 

B.  Step 2:

 

     a.   How much time does it take to get the amendment done in Premium processing?

 

     b.  

         i.    How much time does it take to get the amendment done in General processing?

 

         ii.   Can it be converted to Premium processing once my wife gets a job?

 

C.  Is there still a chance that the LCA or Amendment will get rejected? Does it affect the approved H-1B petition in any way, if yes what needs to be done?

 

 

Thanks in advance.

A COS petition from H4 to H1B is possible only when a job is available.

Link to comment

Archived

This topic is now archived and is closed to further replies.