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Hello Sir,
Background:
My husband is on L2 and he is working on his EAD since Mar 2007. His employer filed his H1 with COS and his H1 got approved in Jun 2007. As his H1was filed with COS option, his status was changed from L2 to H1 starting from 1-Oct-2007. But due to some family urgency, he had to go out of country to visit his home (India) on 18-Oct-2007 and he came back to US on L2 itself as the trip was very much unplanned and he couldn't get any dates for his H1 stamping.
So now he is on L2 since Nov 2007 to till date and he was on H1 status only for 18 days ( 1Oct 07 to 18 Oct 2007)
He is planning to change from his L2 status to H1 status. I kindly request you to give your input on the following queries
1. Is his H1 still valid?
2. Can his employer file for another COS ( I think it is called as Amendment) and change the status with out going out of US? How long would it take to get the COS approved and how much does it cost? Can he file COS/Amendment under Premium process?
3. As his L2 expires on Nov 30th 2008 and My company forces to file for the extension by end of Aug 08, is there be any possibilities that he can get his COS/Amendment of H1 by Aug 08. In this case he need not go for his L2 extension.
3. if he can't file for COS/Amendment, then can he go to Mexico or Canada to get his H1 stamped in Jul 2008. In this worst case, if his H1 doesn't get stamped, can he still come back to US as he hold valid US Visa( L2 ) until 30 Nov 08?
Please suggest which one would be a better option. Please give your detailed input with this regard. I appreciate your time and help.
I have gone through the forums and understood that the amendment of H1 is possible. But then none of the cases were similar to my husband's as he was H1 for only 18 days.
Thank you so much in advance!!!
Background:
My husband is on L2 and he is working on his EAD since Mar 2007. His employer filed his H1 with COS and his H1 got approved in Jun 2007. As his H1was filed with COS option, his status was changed from L2 to H1 starting from 1-Oct-2007. But due to some family urgency, he had to go out of country to visit his home (India) on 18-Oct-2007 and he came back to US on L2 itself as the trip was very much unplanned and he couldn't get any dates for his H1 stamping.
So now he is on L2 since Nov 2007 to till date and he was on H1 status only for 18 days ( 1Oct 07 to 18 Oct 2007)
He is planning to change from his L2 status to H1 status. I kindly request you to give your input on the following queries
1. Is his H1 still valid?
2. Can his employer file for another COS ( I think it is called as Amendment) and change the status with out going out of US? How long would it take to get the COS approved and how much does it cost? Can he file COS/Amendment under Premium process?
3. As his L2 expires on Nov 30th 2008 and My company forces to file for the extension by end of Aug 08, is there be any possibilities that he can get his COS/Amendment of H1 by Aug 08. In this case he need not go for his L2 extension.
3. if he can't file for COS/Amendment, then can he go to Mexico or Canada to get his H1 stamped in Jul 2008. In this worst case, if his H1 doesn't get stamped, can he still come back to US as he hold valid US Visa( L2 ) until 30 Nov 08?
Please suggest which one would be a better option. Please give your detailed input with this regard. I appreciate your time and help.
I have gone through the forums and understood that the amendment of H1 is possible. But then none of the cases were similar to my husband's as he was H1 for only 18 days.
Thank you so much in advance!!!
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