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H4 to H1 COS vs New H1

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  • H4 to H1 COS vs New H1

    I wanted to know which one is a better option :-

    H4 to H1 COS


    New H1

    as for COS, i understand applicant can not travel outside US untill H1 petition gets approved as COS will get abandoned, which means you are stuck in US till OCT ( that is when COS comes into affect).

    only thing that u save is Stamping of H1 visa, which anyways you have to do next time you travel to home country.

    So, I am trying to weigh how is H4 to H1 COS a better option than filing a new H1 visa??

  • #2
    By new Visa do you mean filing the petition without change of status? You need to provide more details about your situation to get a better answer.
    This is my opinion and not legal advice.


    • #3
      H4 to H1 COS vs New H1

      I have H4 with me and I am currently employed in my Home country , right now in US on leave for a month and i am expecting to get job offer soon (H1 visa)

      there can be two options:-

      1. COS from H4 to H1

      2. H1 without COS

      Since COS will take effect from OCT, I can not start working before that and since I am already employed in my home country I want to travel back and continue working there till OCT. I dont want to stay in US for 7 months without job.

      But I heard that travel to Home country when H1 petition under COS is still under processing, your H1 petition gets invalidated

      So i am try to weigh the option of H1 Without COS, in which case i can continue working in home country till OCT and come to US after H1 is stamped and start working.

      Please suggest.


      • #4
        That is correct, you will need to leave the US, apply for H1 Visa and return on or after Oct 1. The petition may be filed with or without change of status, it does not matter if you are going to leave the US anyway. Filing wihtout change of status will get you more flexibility.
        This is my opinion and not legal advice.


        • #5
          Hi Kabkaba,

          When you say Leave US and apply for H1 do you mean :-

          Leave US on H4 Visa and then file H1 petition from India


          Leave US on H4 Visa before I file my H1 petition while I am in US

          if it is second option then, do i have flexibility to choose between "COS from H4 to H1" and "H1 without COS" while filing H1 petition?

          Secondly, out of "COS from H4 to H1" and "H1 without COS" which option has less risk involved in terms of RFE and rejected etc..
          Because i heard some feedback from people saying : "Stamping is riskier than COS" & "Handling RFE is easier when benificiary is in US than in India (thus suggesting me to stay in US for those 7 months without Job.. which i mentioned previously that I am not in favour of staying in US without job for 7-8 months)"

          Please suggest


          • #6
            Leave the US and apply for H1 Visa based on the already approved H1 petition filed by your employer.
            This is my opinion and not legal advice.