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Regarding change of status from H4 to H1B that was approved without COS

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  • Regarding change of status from H4 to H1B that was approved without COS

    Hi,

    I am in USA on H4 right now. I have an approved H1B but not stamped yet. I work for an Indian Employer and I have the following questions.

    1. My H1B is approved without Change of Status. If I have to continue working with my current company who filed my H1B petition, should I travel to India to get the stamping done before I start my work here. Or is there an option for my employer to file just COS and I can work here without travelling to India?

    2. If I change my employer, can my new employer file H1B transfer along with COS so that I don't have to travel to India? Or stamping needed for this case as well?


    Please consider this urgent. Appreciate your help.

    Thanks
    Aruna

  • #2
    1. My H1B is approved without Change of Status. If I have to continue working with my current company who filed my H1B petition, should I travel to India to get the stamping done before I start my work here. Or is there an option for my employer to file just COS and I can work here without travelling to India?
    >>> Employer can file a COS. You cannot work until the COS gets approved. Alternatively you can travel outside and return back on H1B visa and begin working immediately.

    2. If I change my employer, can my new employer file H1B transfer along with COS so that I don't have to travel to India? Or stamping needed for this case as well?
    >>> Possible. Either the current employer or a new employer can file a COS from H4 to H1B.
    Not a legal advice. Use of this information is strictly at your own risk.

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