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  • H1b Consular processing

    Hi,

    How do i know if my H1B approval is done thru consular processing. Is there a a way to look into my I-129/H1B approval notice or any other documents and tell if it is done thru consulare processing or change of status COS processing.

    Your input are highly appreciated. Thanks

  • #2
    If your approval notice is I-797A (The one that comes with a new I-94 attached to the bottom), then it is COS. If it is I-797B, then it is consular processing.
    Last edited by shervin143; 10-14-2009, 12:05 AM.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Thanks shervin for your immediate reply.

      THIS IS AN URGENT MATTER. NEED HELP IN ANSWERING MY CONCERNS

      i looked at my CP H1B visa filing doc and shocked to understand it is not CP process it was done as COS status process, which means i am out of status now??

      Long story short...

      I am here with my wife (L2) on L1 visa since 2006 and my L1 visa expired on May 2008 though my I-94 is valid till Aug 2009. My L1 company told that they will file L1 ext later as i still have valid I94. So they did not apply the L1 ext on May 2008.
      Meanwhile i applied for H1B 2008 (i requested for consular process and till this date i believed it was consular process) and got approved by 2008. Since i thought its a consular process and do not want to risk changing status from L1 to H1B immediately, i continued with my L1 visa receiving all pay stubs from L1 company. And on July 2009, my L1 company applied for L1 ext for me and my wife and received L1 ext with new I94 date by end of that month - July 2009. But now i am shocked to learn that my H1 is not CP.

      PS: I had only my H1 approval. I did not do for my wife H4. Since my H1 company told we can do that anytime you change your status (justifying that i will be going to my home country and do a stamp there. And we can filing H4 for her along my H1 stamping)

      My concern
      1) Am i out of status?
      2) is my L1 is stiil valid? since i still retain pay stub from L1 company and got an L1 ext with newer I94 date. And my L1 ext is not denied. Does that mean i am safe here.
      3) If my L1 is valid and safe. What is the status of my H1. I am not greedy here to hold both the visa but just want to make sure where i stand.
      4) If my status is not valid, that put my wife status too invalid. Also note she worked here for the period of Jan-Aug 2009 with her EAD approval.
      5) Do i have to leave US immdly without any delay or do i have any procedure to request or plea changes in my visa. (either continuing in L1 or making H1 active and move to H1 company - if and all any of these options are open)

      What are my options here. I am getting attroney's advise too. but meanwhile i want to check with you guys.

      I would appreciate if you can send me your response really quick.

      Comment

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