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H4 to H1 transfer with COS on i797B

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  • H4 to H1 transfer with COS on i797B

    Hello Attorney/Advisors,

    Appreciate a quicker response as I need to make a decision ASAP.

    I have my H4 stamped until end of 2019 and currently live in USA. My H1B was filled by consultancy (Employer A) in APR 2017 and it was approved with i797B (without i94 as the Employer A filed my H1B as consular processing). As the Chance Of Status (COS) is not submitted to USCIS, I am still on H4 visa.

    I got a full time opportunity with US company (Employer B) now and he is ready to file by H1B transfer with COS.

    I have few questions:

    1. Can employer B apply for H1B transfer with COS (Please note I never worked in USA, hence I don?t have any paystub or W2 generated)

    2. If employer B applies for H1 transfer along with COS in premium, are there any chances of getting RFE or rejection? (Please note I never worked in USA, hence I don?t have any paystub or W2 generated)

    3. If the H1B transfer filled by employer B is rejected by USCIS, can I still go back to employer A and ask him to apply for COS and start working.

    4. Can Employer A apply for my COS in premium.


    --Rashmi
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