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One clarification regarding COS

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  • One clarification regarding COS

    Hello Txh1b,

    I m currently on H4.My question is

    If a company applies for my non-profit H1 with a COS starting in Jan 1, 2009 and I travel out of the US in Nov and Return to the US on Dec 25th 2008 on H4, Will I void the COS or I m eligible to start work from Jan 1 on H1 Status.

    Thanks,

    Sadhvi.

  • #2
    If you leave after the COS is approved, your COS will be active. If you leave prior to approval of COS, it voids the COS.

    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
      I m sorry I dint understand you correctly. If the effective date is only from Jan 09, though it was approved earlier..Will it still affect the travel before the effective date.

      1. Does it matter if my travel is complete before the effective date?
      2. Do u suggest leave before the petition is filed?

      Thanks.

      Comment


      • #4
        Sorry for the trouble

        "Travel on a pending COS voids the COS as the person would have returned the I-94 and gotten a new one upon re-entry."

        I got this from your previous post..Now If i understand It right

        I should either travel after the approval or travel and be back and then file for the COS. Right?

        Comment


        • #5
          Originally posted by sadhvi
          I should either travel after the approval or travel and be back and then file for the COS. Right?
          Correct. Efren Hernandez memo is your reference. I would prefer, travel and be back and then file for the COS.

          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

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