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H1B Approved..COS denied...is H1B transfer possible?

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  • H1B Approved..COS denied...is H1B transfer possible?

    Hi, I have a approved H1B ..but COS from L1 to H1B was denied (because I had to go out of states in between for some purpose). My H1B was being applied by an external local employer. They are saying that I should try to get myself into a project..once I get a project/client..I can go out of states for H1B Stamping. Please let me know how feasible is thing option.

    Also, can I do H1B transfer although my COS was denied ? What are the chances of visa rejection during stamping then.

  • #2
    Originally posted by gbisna View Post
    Hi, I have a approved H1B ..but COS from L1 to H1B was denied (because I had to go out of states in between for some purpose). My H1B was being applied by an external local employer. They are saying that I should try to get myself into a project..once I get a project/client..I can go out of states for H1B Stamping. Please let me know how feasible is thing option.

    Also, can I do H1B transfer although my COS was denied ? What are the chances of visa rejection during stamping then.
    First of all, I dont quite understand "get myself into a project" thing.

    If there was no project by the employer how did the H1 petition get approved in the first place? Its generally for such cases that USCIS denies a COS.

    With that said, if you dont have a project you will not have a client letter, if you don't have a client letter chances are high for a rejection as and when you go for stamping.

    The "middle men" is right in telling that you would first need a valid project. I would like to add that this employer doesn't seem genuine and hence would advise to try for a H1 porting to a more genuine employer, of course, you would need the petition details from the current H1 petitioner.

    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by raghvi View Post
      First of all, I dont quite understand "get myself into a project" thing.

      If there was no project by the employer how did the H1 petition get approved in the first place? Its generally for such cases that USCIS denies a COS.

      With that said, if you dont have a project you will not have a client letter, if you don't have a client letter chances are high for a rejection as and when you go for stamping.

      The "middle men" is right in telling that you would first need a valid project. I would like to add that this employer doesn't seem genuine and hence would advise to try for a H1 porting to a more genuine employer, of course, you would need the petition details from the current H1 petitioner.

      This is my opinion not legal advice.
      So, I just need to provide my I797B copy to new employer and he can file for H1B transfer?..will he have to apply for COS?

      Comment

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