H1 transfer and COS

[ankita2101]

Hi,

I came to US on H1 in Jan this year and got a project which is ending this month. I have pay stubs for all the months and now I am planning to go to India and come back on H4.

1. After coming back on H4 if I get a good job then can I go for H1 transfer with some other employer? Does that mean my COS from H4 to H1 will also be taken care in that process or I will have follow seperate process for that by going out of US and coming back on H1.


Pl. suggest and advice

Thanks

[arajesh19]

Hi,

I came to US on H1 in Jan this year and got a project which is ending this month. I have pay stubs for all the months and now I am planning to go to India and come back on H4.

1. After coming back on H4 if I get a good job then can I go for H1 transfer with some other employer?

--- It will be a COS from H4 to H1 and Form I-539 and other important documentation will have to be filed. Your employer will do that.

Does that mean my COS from H4 to H1 will also be taken care in that process or I will have follow seperate process for that by going out of US and coming back on H1.

--- Yes, will/should be COS. Not required to leave the US for stamping.

Pl. suggest and advice

Thanks

Seniors, please correct if there is an error.
Thanks
Rajesh

[txh1b]

Hi,

I came to US on H1 in Jan this year and got a project which is ending this month. I have pay stubs for all the months and now I am planning to go to India and come back on H4.

1. After coming back on H4 if I get a good job then can I go for H1 transfer with some other employer?

--- It will be a COS from H4 to H1 and Form I-539 and other important documentation will have to be filed. Your employer will do that.

Does that mean my COS from H4 to H1 will also be taken care in that process or I will have follow seperate process for that by going out of US and coming back on H1.

--- Yes, will/should be COS. Not required to leave the US for stamping.

Pl. suggest and advice

Thanks

Seniors, please correct if there is an error.
Thanks
Rajesh

Any COS to H1b has to be filed by the employer on a form I129 not form I539. A H1b transfer from a new employer can include a COS request within the form. One cannot work unless the COS is approved or could choose to travel out and enter with a visa stamp if they already have the approval and need a quick turnaround as an amendment could take 2-6 months for COS to H1b on an already approved petition.