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I was on L1 and the company had applied for H1 in March 2013. I traveled to india in June and I came back in July. My company tells me that eventhough they applied for a H1b consular processing , the USCIS has approved COS from October 2 2013.Lawyer got approval notice yesterday. They are also telling me this COS is not valid since I travelled when the petition was pending. I want to know what is my status now and how to ascertain it?. I also want to know if my status is changed to H1b What do I need to do for my wife since she is on L2? I want some suggestions here from people even though I know my lawyer will get back after few days since they do not respond that quick.
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Hello, Mahesh.Originally posted by maheshrvce View Post
If your company indeed applied for H1B through Consular Processing, then you can always go back to USCIS with the original paperwork and tell them to correct their error. But, if your company filed for COS and it got approved with effective date of October 2, 2013 then, i feel, you are on H1B status.
COS would have got cancelled if you had been out of the country on the COS effective date which in your case was October 2, 2013. But, for further discussion, even if you are on H1B now, a month has not passed - we are still in October. Can you company, end of October, not run payroll for your H1B petition?
Your wife's status will depend upon yours. So, please get clarity from your company attorney and then take action. You could also engage an attorney for a 1 hour discussion for 100 odd dollars. There are plenty of Immigration Attorneys.
Wishing you luck.
Cheers,These are my personal thoughts. I am not a professional.
Wishing you luck.
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