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COS from L1 to H4 - urgent reply needed

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  • COS from L1 to H4 - urgent reply needed

    Hi
    My husband is working in US on H1(I-94 valid till 2013) and I came to US on L1 visa(I-94 valid till 2013) with employer A. Because of some circumstances, I have resigned from employer A and i will be relived off my duties on 28th February. My questions are:

    1) My interview process with employer B is ongoing and is ready to sponsor H1B visa for me (I already have H1B visa and would just need the transfer). Can I wait for few more days to apply for COS from L1 to H4 or H1 depending on the interview process?

    2) Approval for COS takes around 2.5 months. If I apply for COS from L1 to H4 now and within 2.5 months if I get a job on H1 can I cancel the processing for H4 and apply for transfer of H1?

    Appreciate your help.
    Last edited by nids; 02-27-2011, 03:16 PM. Reason: highlighting the subject

  • #2
    1) My interview process with employer B is ongoing and is ready to sponsor H1B visa for me (I already have H1B visa and would just need the transfer). Can I wait for few more days to apply for COS from L1 to H4 or H1 depending on the interview process?
    >>> Your COS to H4 or H1B should be filed before you go out of status on L1 (28th Feb). If not, the chances of a successful COS is very slim. Filing H1B might take some time and it will delay your filing. It is already 27th today.

    2) Approval for COS takes around 2.5 months. If I apply for COS from L1 to H4 now and within 2.5 months if I get a job on H1 can I cancel the processing for H4 and apply for transfer of H1?
    >>> Possible only if your application for COS to H4 hasn't been taken for processing. If they have already started processing it, then you cannot revoke it. Read about the last action rule. Your status will change as per the last action rule if your apply both H4 and H1B at the same time.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Thanks for your reply Shervin..

      Is there some way where we can check if the processing for H4 has been started or not?

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