Question regarding COS - Seniors Pls Help

[H1Lucky]

Hi Seniors,

My wife was working on L1B and rightnow she is not in USA.She has a last year H1B approved(not applied as COS) from company A since 2008 and but she never used that as she was working on L1B.

Now she is planning to come back USA on H4 visa and later on when she will get project then change from H4 to H1 but her employer is telling following complications in that -

1) If she will come on H4 then company has to apply new H1 for her before Oct09(till the quota is open).
Can't we use 2008 approved H1B and file premium processing of H1 to H4 regardless of quota open or not???

2)If really company has to file new H1 for her till the quota open then what will happen if they are not able to find any project for her till Oct 09.

Does she has to wait till Apr 2010 to open the quota again and she can not work till that time(Apr 2010)??


3) Her employer is telling if she will go for H4 stamping her H1 approval will be null void and they have to file new H1 for her but it will be cap counted. Is it true??


4) to come on H1B status she has to go back home conutry or she can go any near by country and can do the stamping??

5)As we want to maintain her valid status and wanna to bring her on H4 her employer has given one weired solution ....

First go for H4 stamping and after 15 day go for H1 stamping.If VO will not cancel H4 then she can enter on h4 and later on when she will get project she can go to canada and enter on already stamped H1B.

IS It safe and at all possible?????

Please suggest and hep me out.

Thanks

[txh1b]

1. No need to apply for a new H1b. Employer has to file amendment to change status using the older approved H1b. If changing employer, then also she is not subject to cap.
2. Not subject to cap as indicated in #1.
3. Not true. The employer better not misguide people with this nonsense.
4. COS or third country stamping is possible. Your choice.
5. Utter crap.

[H1Lucky]

1. No need to apply for a new H1b. Employer has to file amendment to change status using the older approved H1b. If changing employer, then also she is not subject to cap.
2. Not subject to cap as indicated in #1.
3. Not true. The employer better not misguide people with this nonsense.
4. COS or third country stamping is possible. Your choice.
5. Utter crap.

Thanks txh1b for quick response.I dont know why employer is creating complication ?It seems that comp dont want COS complications later on as now a days USCIS asking for client letter and based of that they are providing visa duration[1 yr or 6 months].
My wife has started H1 process but till now she has'nt submitted visa interview application.we will discuss again with employer.

But it is sure that she will not has to wait for quota to be open and if she will get project in nov09 then they can file amenment for H4 to H1??

Thanks again for all your help.

[txh1b]

Read the FAQs and talk to an attorney if you are unsure.