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New H1B Cap H4-H1 Issues.

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  • New H1B Cap H4-H1 Issues.

    Hi,
    X company is applying NEW H1B for my wife in this April2009 Cap.
    She is planning to leave India on April15th and will be back on May15th.
    I am not including COS along with H1B since she is leaving the country on May 15th.
    1. If she gets her H1B approval I797 some time in July, shall we apply for COS from H4to H1 in Aug/Sep/Oct ?? OR
    2. Is it better to apply her COS along with H1B and update the INS with the new I-94 as soon as she comes back on May 15th ?

    Can some one help here please..

  • #2
    Option 2 does not exist as you cannot update anything unless USCIS asks for it.

    COS makes it necessary for the person to get paid from day 1 of the H1b approval to maintain 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 for the info and I can conclude that I can eliminate option-2. But I still don't know why can't we do updates..

      How about option-1. We are planning to apply COS in premium once she gets her job. Can we apply COS from H4-H1 after getting her I-797 ? Since she is going to leave the country during H1 processing(May15-June15), she was afraid if there will be any issues when she apply for COS from H4-H1.

      Appreciate your reply.

      Dileep

      Comment


      • #4
        Originally posted by dileep24p
        We are planning to apply COS in premium once she gets her job. Can we apply COS from H4-H1 after getting her I-797 ? Since she is going to leave the country during H1 processing(May15-June15), she was afraid if there will be any issues when she apply for COS from H4-H1.
        You can apply for COS once the H1 has been approved. This will essentially be another H1 not subject to cap if the H1 without COS is approved, but this time with COS.

        I am not sure what you mean by "We are planning to apply COS in premium once she gets her job." Didn't you say employer X is applying for H1? That means she already has a job.
        Check out H1 FAQs first!
        http://www.immihelp.com/visas/h1b/h1-visa-faq.html

        Comment


        • #5
          Thanks for the info.

          When can I eligible to apply the COS after getting the I-797.
          Say the I-797 approves in July. Can i apply for H4-H1 COS immediately or is it that I have wait till October ?

          Is there any premium process for COS h4-h1 ? If so what is the normal process fee and premium process fee for COS H4-H1 ?

          Thanks
          Dileep

          Comment


          • #6
            Can some one please answer my previous post..

            Comment


            • #7
              You can apply anytime but the earliest start date will be he latter of Oct 1st or the date of approval if it is a new H1b quota case.

              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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