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  • COS from H4 to H1

    Hi,

    Many thanks to the maker n members of such an informative site and esp the forum.

    Current status:

    I am on H4 visa.
    H1B has been approved( effective date 1st Oct 2008 )
    COS amendment has been filed.

    Question:
    While the COS process goes on and if i don't receive the letter for status change by 1st Oct 08 , am i eligible to work?

    Please reply.

    Thanks in advance,
    Didwin

  • #2
    No work without a COS approval and a new I-94 with the H1 status.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

    Comment


    • #3
      Thanks txh1b.

      I read on a forum that it takes 2 - 6 months for the COS approval, but that would mean a long wait.
      Is there any premium processing for this. ?

      Also if i get COS, do i still need to a get new I-94 ?

      Thanks again.

      -didwin

      Comment


      • #4
        COS means you will get a new I-94 attached to the approval. As the amendment is on form I129, i believe it could be PPd.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

        Comment


        • #5
          Cos

          Hi,

          I have similar case. I am on H4 visa and my H1B got approved in June. My COS was also filed and is pending.

          1) When can I expect the COS approval to come? I need to travel to India but my lawyer has asked me not to do so until COS is approved.

          2) Also I got a new I-94 card attached to my 797, does that mean I can travel?

          Thanks in advance for your help.

          Comment


          • #6
            1. Your lawyer is absolutely right.
            2. You got it or will get it? Yes, that means a COS is approved.

            I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

            Comment


            • #7
              Thanks for the response!

              I do have an I-94 attached to my approval notice (I-797). Does this mean my COS is approved? However, when I enter the information on USCIS website, it still says case status "recieved and pending"!

              I have also talked to my lawyer and he also says that my COS is pending!

              Please help!

              Thanks!

              Comment


              • #8
                I'm not sure what is happening in your case and why your lawyer is saying that. Where did you get the approval I-94 and notice from?

                I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

                Comment


                • #9
                  Thanks for the reply.

                  I got my I-94 attached to I-797A from my employer.

                  Is there any other document for change of status approval?

                  Comment


                  • #10
                    That is the COS notice. Did you travel and re-enter on a different status?

                    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

                    Comment


                    • #11
                      I had come to US on H4 in Dec 07. I had only travelled to Canada in April and May but returned on H4 itself.

                      Although I have received my approval notice, when I enter my receipt number on the USCIS website, it says Case received and Pending. Does the USCIS website generally gets updated in time or there is some delay? Should I contact USCIS for this?

                      Thanks for the help.

                      Comment


                      • #12
                        Are you sure the number is yours? Do you have a copy of approval notice? USCIS website sometimes does not get updated.

                        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

                        Comment


                        • #13
                          Yes the number is mine. I have re confirmed that.

                          I was wondering whether my travel to Canada can be causing problem as my H1B petion was filed on 1st April and I had travelled after that. Could it have abandoned my COS petition?

                          Shall I do something about it or can I travel to India?

                          Comment


                          • #14
                            Did you get a new I-94 with your travel? Was your approval I797A or B?

                            I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

                            Comment


                            • #15
                              No I did not get any new I-94. I had travelled by road to Niagara Falls. They dont give new I-94 there.

                              My approval notice is I-797A with I-94 attached.

                              Comment

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