Change of status clarification

[madroxx]

Hi,

I need a few clarifications regarding my petition.
I'm currently holding a H4 visa and I just traveled to US for a short duration and left to my home country.
I currently live in my home country, still with a valid H4 visa.
If an US employer is applying H1B visa for me, should he be applying for H1B COS or a fresh H1B petition.

Thanks

[raghvi]

Hi,

I need a few clarifications regarding my petition.
I'm currently holding a H4 visa and I just traveled to US for a short duration and left to my home country.
I currently live in my home country, still with a valid H4 visa.
If an US employer is applying H1B visa for me, should he be applying for H1B COS or a fresh H1B petition.

Thanks

COS means Change Of Status. If you are not in US you pretty much don't have a "status", or "immigrant/non-immigrant status" . Hence as COS can only be applied when you are in US, that is , already having a "status" .

If you never had an approved H1 in past 6 Years it will be a fresh H1 petition, and if you are in US that petition can be filed as COS, if you are outside US the H1 petition is filed as consular process.

This is my opinion not legal advice.