H1B Visa - Amendment - COS

[sarika_80]

Hello,

This is an extremely helpful site. I have read and understood many visa related issues.
Thank you all for making this a wonderful site.

I have the following questions:

1) Can someone amend the approved H1B visa with COS after Oct 01, even though the person is in USA ?

2) Can someone amend the approved H1B visa with COS after Oct 01, even though the person is not in the USA after Oct 01?

3) In whatever the above two cases might be, can someone go for CP after the amended H1 is approved ?

4) Technically could you tell me, after the ammended and approved for a future status, can a person start work immediately ?

5) How long does it take to amend the H1B ?

Thanks.

[madhav_s]

Thanks for asking these questions. These were the same questions that I had in my mind.

Could someone asnwer this ?

[txh1b]

1. Amend it to do what as it is already a COS? Yes
2. Same as #1, Yes
3. What is the amendment for? If it is a COS, you need to maintain h1b status from day of approval. CP is needed for anyone that needs a visa to travel back even if it was a COS.
4. Future status of what? You need to be clear. You can start work only after the future status kicks in if that allows work.
5. 2-6 months.

[sarika_80]

Sorry for the confusion.

Here's the reply to your questions:

1. Amend it to do what as it is already a COS? Yes
----- My visa status for changed from L1 to H1 with COS and per the rules I've to start work on Oct 1 if I'm in the USA. I'm not ready to work from Oct 01. So was thinking if employer can amend my visa to a later date whenver I'm ready to work.
When should this be done before Oct 01 or after Oct 01?

2. Same as #1, Yes
----- My visa status for changed to H1 with COS and per the rules I've to start work on Oct 1 if I'm in the USA. If I'm not in the USA on Oct 01, I'm already out of status from H1. I can come back on my earlier visa. can I come back to the USA, may in Nov 2008 and request for an amedment ? So was thinking if employer can amend my visa through USCIS to a later date.

3) Will this amendmanet cause any problem to my L1 ?

4) What is the care I need to take for such delicate issues ?

Thanks.

[txh1b]

1. That is possible. However, that does not put you back on your previously held status i.e L1 and makes you out of status unless the L1 employer files for an extension before Oct 1st. This would mean the L1 employer has to be told about the H1b which many don't prefer and hence the leap frog is the only way out.
2. If you are outside the US, there is no status to maintain and worry about amending. You need to leave before H1 kicks in and can return on any desired status (L1 or H1) based on your visa stamp and job being available.
3. See #1. COS generally causes the other status held to end from date of approval. This means no allowance for notice periods etc and USCIS expects one to start work on H1b immediately after COS approval.
4. Thinking before leaping into the H1b bandwagon with COS.

[sarika_80]

1. That is possible. However, that does not put you back on your previously held status i.e L1 and makes you out of status unless the L1 employer files for an extension before Oct 1st. This would mean the L1 employer has to be told about the H1b which many don't prefer and hence the leap frog is the only way out.
----- yes, I too would not say anything to my current employer who has filed my L1. So need to go our before Oct 01 and come back after Oct 01.

2. If you are outside the US, there is no status to maintain and worry about amending. You need to leave before H1 kicks in and can return on any desired status (L1 or H1) based on your visa stamp and job being available.
----- My L1 is valid till June 2009. I'll come back after Oct 01 this year on L1 as my L1 is stamped and then can I request my H1 employer to pass an amendment to change the status from L1 to H1 whenever I'm ready to work ? This is because I'll be Out of status from H1 if I'm not in US on Oct 01. Let me know.

3. See #1. COS generally causes the other status held to end from date of approval. This means no allowance for notice periods etc and USCIS expects one to start work on H1b immediately after COS approval.
----- Ok ... so you mean leap frog is the saviour ?

[txh1b]

This is because I'll be Out of status from H1 if I'm not in US on Oct 01.

There is no such thing as being out of H1 status like you explained. I have seen this twice in the past 2 days.

Status is maintained only when inside US.

[sarika_80]

Thanks.
This means will my H1B become inactice after Oct 01 if I'm not in the USA ?
If yes, then is it that my employer has to make refile it again ?
What is the way out ?

[sarika_80]

could u answer this question ?

[txh1b]

Dont complicate things for yourself by being overimaginative. Nothing happens to the H1b unless the employer or consulate revokes it.

If you are not present in US when the H1b kicks in, you do not accumulate out of status. When you enter again, whatever status you use to enter is the status you maintain.

To work again on H1b, employer has to file a COS request by amending the H1b that was previously approved.

[satishpatel]

Visa amendment query

My question is

1.) what is Visa status amendment ?

2.) what is the fees of amendment of visa status ?

3.) where i fillup this form if i am not then who will fill up ?

4.) how much time it will take to process ?

5.) what document required to fill up

waiting for your answer.

[txh1b]

1. To change status inside US.
2. Depends on what staus you are changing to/from. Check fees for I129, I539 forms.
3. Depends again on what status to/from. Employer does for employment bases status.
4. Depends. 2.6 months.
5. Depends on the status requesting the change to/from.

[satishpatel]

1. To change status inside US.
2. Depends on what staus you are changing to/from. Check fees for I129, I539 forms.
3. Depends again on what status to/from. Employer does for employment bases status.
4. Depends. 2.6 months.
5. Depends on the status requesting the change to/from.

I want to change H4 to H1b so how much fees and how much time it will take ? and how will fill up this form and what is the process ?

[txh1b]

I want to change H4 to H1b so how much fees and how much time it will take ? and how will fill up this form and what is the process ?

Employer has to do it. Form I129.

[satishpatel]

Employer has to do it. Form I129.

I am new in USA so where i can fill up this form I129 and what is the fees you have any contact person or agent who can do this ? some one told me this process only done by lawyer and fee would be 1000$