H1B COS to Consular processing

[Jk538]

Currently I'm working with a company "A" in US on L1-B and a consultancy agreed to file H1-B this year. Fortunately I am selected in the lottery and is still waiting for approval/RFE. Online status says 'Case was Received'.My question is there an option to make it from COS to consular processing once it has been filed for COS and still waiting for approval ?

[raghvi]

Currently I'm working with a company "A" in US on L1-B and a consultancy agreed to file H1-B this year. Fortunately I am selected in the lottery and is still waiting for approval/RFE. Online status says 'Case was Received'.My question is there an option to make it from COS to consular processing once it has been filed for COS and still waiting for approval ?

Only your H1 employer can file that amendment. Or you can nullify the COS by leaving US before COS becomes active.

This is my opinion not legal advice.

[Jk538]

Only your H1 employer can file that amendment. Or you can nullify the COS by leaving US before COS becomes active.

This is my opinion not legal advice.

Yes,I wanted to know if my H1 employer could do that.Does that take additional cost/time ?And for consular processing ,you have to travel to your native (birth place) consulate?

[saianya66]

Even I'm in the similar situation but its from h4 to h1, waiting for the approval/RFE.


-In this case will Jk538 COS gets nullified and can he travel back to US on the previous L1 visa (assuming it has validity), without appearing for the H1 visa interview?

-Later after coming back to US on L1, can he apply for COS to H1 once he gets a good offer from other employer(not the L1 employer)?
- How long will it take for the COS to get approved and what would be the fee for that?
- If not immediately after coming back, at later point of time can he apply for COS?( Guess in this situation , should have an approved petition)
-But I guess the approval notice comes with effective date as well ,it means that h1 is approved(COS is approved) right? How to differentiate?

Thanks ,
Anya

[raghvi]

Even I'm in the similar situation but its from h4 to h1, waiting for the approval/RFE.


-In this case will Jk538 COS gets nullified and can he travel back to US on the previous L1 visa (assuming it has validity), without appearing for the H1 visa interview?

-Later after coming back to US on L1, can he apply for COS to H1 once he gets a good offer from other employer(not the L1 employer)?
- How long will it take for the COS to get approved and what would be the fee for that?
- If not immediately after coming back, at later point of time can he apply for COS?( Guess in this situation , should have an approved petition)
-But I guess the approval notice comes with effective date as well ,it means that h1 is approved(COS is approved) right? How to differentiate?

Thanks ,
Anya

- Yes. As long as the person whose COS has been applied for leaves US before the COS becomes effective.
- Yes
- 2-4 Weeks in premium (additional 1200 odd USD + Legal costs) , 2-4 Months in normal processing. Same with amendment from COS to Consular process.
- Yes.
- Petition approval is not same as COS approval. If Approved petition comes with a new I-94 at the bottom of it then it means COS was approved.

This is my opinion not legal advice

[saianya66]

Thanks Raghvi!

Jk538, hope its useful to u.

Thanks,
Anya

[Jk538]

- Yes. As long as the person whose COS has been applied for leaves US before the COS becomes effective.
- Yes
- 2-4 Weeks in premium (additional 1200 odd USD + Legal costs) , 2-4 Months in normal processing. Same with amendment from COS to Consular process.
- Yes.
- Petition approval is not same as COS approval. If Approved petition comes with a new I-94 at the bottom of it then it means COS was approved.

This is my opinion not legal advice

So that means I go back to India and comes to US on L1b visa.My consultancy files COS after I find a new employer and if its done in premium within two weeks my COS and then work petition will be approved ?

[raghvi]

So that means I go back to India and comes to US on L1b visa.My consultancy files COS after I find a new employer and if its done in premium within two weeks my COS and then work petition will be approved ?

Isnt the consultancy your employer as they are the one holding your H1 petition?

[Jk538]

Isnt the consultancy your employer as they are the one holding your H1 petition?

Yes consultancy will be my employer.

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Isnt the consultancy your employer as they are the one holding your H1 petition?

Thanks Raghvi