H4 to H1 COS

[rajthha]

I have h1b petition till sept 2016 and my h1b amendment is denied last Aug 2015. I Went back to india because of some medical issues. My husband is in US. I went to H4 stamping and it is done and since my H1 Petition is valid till Sep 2016.

1. After reaching US as dependent can i apply immediately to change my status from H4 to H1 to different employer and to the same client.
2. Is there are any issues if i submit COS immediately..
3. What are the chances of denial and chances of asking to go to india for stamping.

[shervin143]

1. After reaching US as dependent can i apply immediately to change my status from H4 to H1 to different employer and to the same client.
>>> Possible.

2. Is there are any issues if i submit COS immediately..
>>> Nope.

3. What are the chances of denial and chances of asking to go to india for stamping.
>>> Hypothetical question. Predictions cannot be made. Chances of denial or consular processing depends on the documents that you and your employer submit.

[rajthha]

1. After reaching US as dependent can i apply immediately to change my status from H4 to H1 to different employer and to the same client.
>>> Possible.

2. Is there are any issues if i submit COS immediately..
>>> Nope.

3. What are the chances of denial and chances of asking to go to india for stamping.
>>> Hypothetical question. Predictions cannot be made. Chances of denial or consular processing depends on the documents that you and your employer submit.

Thanks for sharing info.

One more question.
1. Do my new employer need to submit only COS and H1 Transfer or they need to submit in Cap Exempt.

[shervin143]

1. Do my new employer need to submit only COS and H1 Transfer or they need to submit in Cap Exempt.
>>> H1B transfer is nothing but using the existing CAP (from your previous H1B approval) to file a new H1B petition.

[rajthha]

1. Do my new employer need to submit only COS and H1 Transfer or they need to submit in Cap Exempt.
>>> H1B transfer is not but using the existing CAP (from your previous H1B approval) to file a new H1B petition.

I didnt get you..
You are saying my New EMployer need to submit H1B Cap with COS or COS and H1 B transfer.
Why i am asking is one of the INDIN MNC company is direct vendor to my same US client. Now they are saying that they will apply for COS (h4 to H1) and transfer my H1 B. they are saying that they is no need to apply my H1B in CAP Exempt.

pls suggest your valuable points.

[shervin143]

You are just getting confused over CAP exempt. No H1B is exempted from CAP unless the organization applying is a non-profit organization. In your case, you have already secured a CAP when you got your first H1B petition approved and that CAP is valid for 6 years. There are only two types of H1B petition that can be filed by for-profit organization.

1) Under a brand new CAP (new quota) with an effective date of Oct 1st. That is needed only when a person doesn't have a valid H1B approved in the last 6 years or the person has already maxed out all 6 years in his/her H1B without a GC in progress.
2) File a new petition using the CAP that is already secured. Extensions and transfers comes under this category.

Your employer will just file the transfer requesting a COS from H4 to H1B. They will include a copy of your previous H1B approval notice and USCIS will know from that that you are already CAP counted.

I didnt get you..
You are saying my New EMployer need to submit H1B Cap with COS or COS and H1 B transfer.
Why i am asking is one of the INDIN MNC company is direct vendor to my same US client. Now they are saying that they will apply for COS (h4 to H1) and transfer my H1 B. they are saying that they is no need to apply my H1B in CAP Exempt.

pls suggest your valuable points.

[rajthha]

You are just getting confused over CAP exempt. No H1B is exempted from CAP unless the organization applying is a non-profit organization. In your case, you have already secured a CAP when you got your first H1B petition approved and that CAP is valid for 6 years. There are only two types of H1B petition that can be filed by for-profit organization.

1) Under a brand new CAP (new quota) with an effective date of Oct 1st. That is needed only when a person doesn't have a valid H1B approved in the last 6 years or the person has already maxed out all 6 years in his/her H1B without a GC in progress.
2) File a new petition using the CAP that is already secured. Extensions and transfers comes under this category.

Your employer will just file the transfer requesting a COS from H4 to H1B. They will include a copy of your previous H1B approval notice and USCIS will know from that that you are already CAP counted.

Thank you very much. One last question.
1. I worked for Client ABD under Vendor 1 (Indian MNC) under Vendor 2 and my employer. My H-1B amendment is denied when my employer is submitted to USCIS for the above structure. (Client --> Vendor 1 --> Vendor 2 --> My Employer.
Now Vendor 1 (Indian MNC) is ready to transfer, COS my H4 to H1. Is it ok if i go with Vendor 1 for the same client ABD.

Appreciate your valuable points.

[shervin143]

Yes, you can.

Thank you very much. One last question.
1. I worked for Client ABD under Vendor 1 (Indian MNC) under Vendor 2 and my employer. My H-1B amendment is denied when my employer is submitted to USCIS for the above structure. (Client --> Vendor 1 --> Vendor 2 --> My Employer.
Now Vendor 1 (Indian MNC) is ready to transfer, COS my H4 to H1. Is it ok if i go with Vendor 1 for the same client ABD.

Appreciate your valuable points.

[rajthha]

Yes, you can.

Thanq very much for your answers.

[rajthha]

H4 to H1 (COS)

Today, My Client vendor (INDIAN MNC) said that their HR Policies are not agreeing to File H4 to H1 transfer (COS) and they asked me to file from another Employer. Client and CLient Vendor (INdian MNC) said that they will provide all the letters like vendor letter, Client letters etc required for filing from different employer. My questions are
1. Is it ok if i file H4 to H1 COS (my H1 B petetiion is valid till sep 2016) from different employer for same client and same vendor (INdian MNC).
2. Leave this job and search for another employer having inhouse projects and transfer my H4 to H1B COS.

Which one is best Or any other suggestions.....
pls suggest. I am bit confused.

[rajthha]

H4 to H1 COS

Today, My Client vendor (INDIAN MNC) said that their HR Policies are not agreeing to File H4 to H1 transfer (COS) and they asked me to file from another Employer. Client and CLient Vendor (INdian MNC) said that they will provide all the letters like vendor letter, Client letters etc required for filing from different employer. My questions are
1. Is it ok if i file H4 to H1 COS (my H1 B petetiion is valid till sep 2016) from different employer for same client and same vendor (INdian MNC).
2. Leave this job and search for another employer having inhouse projects and transfer my H4 to H1B COS.

Which one is best Or any other suggestions.....
pls suggest. I am bit confused.

[rajthha]

H4 to H1 COS

[QUOTE=rajthha;434063]Today, My Client vendor (INDIAN MNC) said that their HR Policies are not agreeing to File H4 to H1 transfer (COS) and they asked me to file from another Employer. Client and CLient Vendor (INdian MNC) said that they will provide all the letters like vendor letter, Client letters etc required for filing from different employer. My questions are
1. Is it ok if i file H4 to H1 COS (my H1 B petetiion is valid till sep 2016) from different employer for same client and same vendor (INdian MNC).
2. Leave this job and search for another employer having inhouse projects and transfer my H4 to H1B COS.

Which one is best Or any other suggestions....
pls suggest. I am bit confused.

[shervin143]

1. Is it ok if i file H4 to H1 COS (my H1 B petetiion is valid till sep 2016) from different employer for same client and same vendor (INdian MNC).
>>> Yes. No Issues.

2. Leave this job and search for another employer having inhouse projects and transfer my H4 to H1B COS.
>>> That is also possible.

Which one is best Or any other suggestions.....
>>> Both are viable options and you can even try both at the same time and go with the one that works.