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H1B Approved but COS Denied due to travel out of US.

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  • H1B Approved but COS Denied due to travel out of US.

    Hi experts,

    My name is mandakini and I am in US from past 1 year on H4 Visa. I was able to find job in US and employer filed my H1B in 2014. I had my H1B petition approved in November 2014. Now I can not start work because I am back on H4 (as I had travel to India during processing).

    My Attorney told me that, Only option left for me to is to re-enter US and get H1B Stamped. I have below questions and really need help. Below are the questions.

    1. Do I only have to go to Home Country for H1B Stamping or in nearby countries like Canada as well. I heard visiting Canada wont be good option because of disclaimers on Canadian US Embassy website.

    2. What are my chances of H1B Approval in India (my Home country) as my employer is very very small company.

    3. What all possible documents do i need to carry with me ?

    4. If my H1B Visa gets denied in India or in any other country, will they also cancel my current H4 visa which is valid till 2016.

    Additional info:

    a. RFE received on H1B petition for providing employee - employer relationship.
    b. I know atleast 2 guys have H1B Approved from same company and working without any issues (but they never left countrym typical COS case)

    Thanks in advance


  • #2
    H1B Approved but COS Denied due to travel out of US.

    You can apply another COS/Amendment from H4 to H1 in premium as your previous H1 was approved without I94 and you can get the result in 15 days. It would help you to avoid travel and stamp.

    This is my opinion.


    • #3
      Thank you so much for responding. I am not sure what to do. I spoke to my attorney and she mentioned they can not file another COS because it was denied earlier.

      1. if its really possible to file another COS amendment, then does it have to same attorney who file my petition or I can choose any third party attorney as well.

      2. How much it cost for filing COS with and without Premium processing ?



      • #4
        COS denied due to travel out of US

        Even My H1 got approved but COS has been denied. how did you manage. Did you apply for amendment or went for consular process. Please help in understanding which will be better option.
        Thanks in advance..