Is it advisable to amend H1b application selected in lottery from CP to COS. If so, right away or after H1b CP petition approval

chithu77

By chithu77,
in H1B : General

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chithu77 Member

chithu77

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My 2015 H1b application filed as consular processing has been selected in the lottery and currently under USCIS processing. 

 

I came to US a couple of days before Apr 1, 2014 on H4 to spend a few months with the intention of going back to home country in June. Now I am thinking of continuing stay in US on H4 until Sep and resume job on H1 from Oct onwards. Since my H1b application is selected and currently under processing, can I right away ask my employer to convert the CP application to COS from H4 to H1 OR should I wait until H1 CP application is first approved and then do a change of status from H4 to H1.

 

Which of the two options 1) is cost-effective 2) has greater approval chance, please advise.

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jairichi Advanced Member

jairichi

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My 2015 H1b application filed as consular processing has been selected in the lottery and currently under USCIS processing. 
 
I came to US a couple of days before Apr 1, 2014 on H4 to spend a few months with the intention of going back to home country in June. Now I am thinking of continuing stay in US on H4 until Sep and resume job on H1 from Oct onwards. Since my H1b application is selected and currently under processing, can I right away ask my employer to convert the CP application to COS from H4 to H1 OR should I wait until H1 CP application is first approved and then do a change of status from H4 to H1.
 
Which of the two options 1) is cost-effective 2) has greater approval chance, please advise.

 

Your new employer can request COS after H1B approval. 

I do not think your employer will file COS as he has to pay H1B fee again. You will need to exit and enter US with a valid H1B visa and I797.

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