Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

H1B COS denied options

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • H1B COS denied options

    Hi

    Last year My h1b got approved. I am still on L1 But because of lawyer goofup , it wasn't filed as COS. So later COS was applied and It got denied after receiving RFE.

    What options do I have.

    Also
    1.Is My H1B Petition is still valid?
    2.Can I got for stamping out side Country(Canada and India).What are the chances
    3.Can the Petition be reused.
    4.With my COS rejected(that means I did not work for this employer),and I am currently on L1 working in US, if I find another employer who has offer for me a job , So can I ask him to apply for COS on the already rejected COS. what is the process here.

    Thank you,
    Vinay

    Please suggest.

    Thank you,
    Sairam
    Last edited by kvvinaykumar10; 02-04-2016, 06:14 PM.

  • #2
    Originally posted by kvvinaykumar10 View Post
    Hi

    Last year My h1b got approved. I am still on L1 But because of lawyer goofup , it wasn't filed as COS. So later COS was applied and It got denied after receiving RFE.

    What options do I have.

    Also
    1.Is My H1B Petition is still valid?
    2.Can I got for stamping out side Country(Canada and India).What are the chances
    3.Can the Petition be reused.
    4.If Another employer offers me a Job Can this H1B be transferred to new employer (Premium COS) while I am in US.


    Please suggest.

    Thank you,
    Sairam
    1. If you got I797B yes petition would be valid as per the validity date on it.
    2. First time H1 stamping it is recommended to go to home country.
    3. Yes possible.
    4. Yes possible.

    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by raghvi View Post
      1. If you got I797B yes petition would be valid as per the validity date on it.
      2. First time H1 stamping it is recommended to go to home country.
      3. Yes possible.
      4. Yes possible.

      This is my opinion not legal advice.
      With my COS rejected(that means I did not work for this employer),and I am currently on L1 working in US, if I find another employer who has offer for me a job , So can I ask him to apply for COS on the already rejected COS. what is the process here.

      Thank you,
      Vinay

      Comment


      • #4
        Originally posted by kvvinaykumar10 View Post
        With my COS rejected(that means I did not work for this employer),and I am currently on L1 working in US, if I find another employer who has offer for me a job , So can I ask him to apply for COS on the already rejected COS. what is the process here.

        Thank you,
        Vinay
        It is possible but it is upto USCIS to approve a COS or not. The next employer needs to file a Cap exempt H1 petition as COS. You need to provide them with your current I797 copy.

        This is my opinion not legal advice.

        Comment


        • #5
          Originally posted by raghvi View Post
          It is possible but it is upto USCIS to approve a COS or not. The next employer needs to file a Cap exempt H1 petition as COS. You need to provide them with your current I797 copy.

          This is my opinion not legal advice.

          More Questions
          Since I am currently on L1A in USA and I have a H1B approved petition from last year without COS. That means I have not used the H1B petition last year.
          We applied for COS this year from L1 to H1 and the COS was Denied.(I am yet to hear the reason from H1B employer)

          Questions:
          What options do I have?

          1. If I go to Canada or India does COS rejection would impact my Visa interview.

          2.What happens to existing H1B if I apply again this year.



          Please suggest,
          Last edited by kvvinaykumar10; 02-16-2016, 01:03 PM.

          Comment

          {{modal[0].title}}

          X

          {{modal[0].content}}

          {{promo.content}}

          Working...
          X