H1B - COS Help needed


kvvinaykumar

Recommended Posts

Current Status

I work for a company on L1A in their payroll since nearly for 10 years.

a)      Currently on L1A visa (Stamped on passport - Valid till 2017).

b)      My current company who sponsored L1A for me is different from H1B sponsored Company.

c)       H1B petition approved without COS (until 2018.(Same H1B employer applied for H1 for  both me and my wife.H4 was not applied for both of us)

a.       I travelled to India along with wife (due to family emergency) when I applied for COS premium processing. There was an RFE saying they need Employer project details when I was in India and nothing was asked on my travel to India. I withdraw it after I was back to US as I want to apply for COS at a later date after 2 months from now as I have a 2 months’ notice period with current employer.

QUESTIONS

A.      Now I want to apply for COS. Can I apply? Employer attorney said I can apply for COS any time. Just want to check if this is valid as I travelled outside US and was in India while I got the RFE but they did not question about my travel to India in RFE.

B.      My petition mentions consulate Hyderabad (India). Do I need to get stamping only in India or can I go to Canada or any other place if needed for stamping.

C.      Can I transfer H1 to any other employer as my petition is approved? What is the process?

D.      There was also a suggestion that to apply ASAP because there will be questions raised as to why immediately H1B was not in effect and I am still on L1A.

 

1.       My wife is working on L2 EAD.

a)      Currently on L2 EAD (stamped on passport valid till 2017) working for a company.

b)      H1B petition approved without COS (until 2018).

a.       I travel to India along with Husband (due to family emergency) when My H1B regular is in process. There was an RFE after 2 months saying they need employer project details and can’t approve COS because I travelled outside US. On submission of documents the petition was approved without COS.

QUESTIONS

a.       I don’t want my wife to go for stamping outside US but apply COS. Any options?

b.      Now can my wife apply for COS now and stay in US to get COS approval without traveling outside US (I think that might not be possible).

c.       If Vinay (me) apply for COS along with H4 for my wife. Once COS is approved can she convert to H1 from H4 without traveling to India.

d.      Her petition mentions consulate Hyderabad (India). Do I need to get stamping only in India or can I go to Canada or any other place if needed for stamping.

e.      There was also a suggestion that to apply ASAP because there will be questions raised as to why immediately H1B was not in effect.

f.        Can she transfer H1 to any other employer as her petition is approved? What is the process

Link to comment

Archived

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