COS to H1B

[cooldude850]

Hello Members. I am currently on H4 and wanted to understand the process for a company to convert me from H4 to H1B as a COS. In addition to I-129 to be filed for the H1B processing, Does a I-539 COS form also need to be filed along with it?. Your answers are appreciated. Thanks

[shervin143]

I-129 has an option that can be selected if the H1B approval should be a COS or Consular processing. There is no need to file I-539 along with I-129.

[cooldude850]

Thanks Shervin.

[cooldude850]

I have a question about visa stamping. Later this year, I plan to travel to India and return back on H1 approved with new employer. My old visa stamp with previous employer is valid till 2011. When i left the job with previous employer, would they have revoked the visa stamp?. Is there a way to find that out?. Thanks in advance.

[shervin143]

Visa cannot be revoked bythe employer. Visa remains valid until the expiry date mentioned (check your passport) in the visa. Only petition can be revoked. You can travel back with the petition from the new employer and the visa that was stamped for the previous employer.

[cooldude850]

Thanks Shervin.

[cooldude850]

Hi Shervin...Regarding COS from H4 to H1B, does my employment start date is the same date as H1B approval date or can it also be a later date. For e.g. If i receive approval on May 15th with new I-94 and want to join a week later, is it possible?. From when is the employer obligated to start paying me?.

[shervin143]

The I-94 that comes with the approval will have two dates. "Valid From" and "Valid To". Your status will change to H1B on the effective "Valid From" date. You need to be working and getting paid from that date.

[cooldude850]

Hi Shervin....Can you please guide me as to what will happen in the following scenario.

If Employer A files my COS from H4 to H1B and Employer B also files a COS from H4 to H1B. What are my options in such a situation.

1. Assuming, COS gets approved for both, Can i decide to work for either of the employers or can i work only for the employer whose H1 got approved last?.

2. If one of the COS gets denied and one gets approved, can i work for one that got approved?. Is there some "bridging" concept which applies to this scenario.

[shervin143]

1. Assuming, COS gets approved for both, Can i decide to work for either of the employers or can i work only for the employer whose H1 got approved last?.
>>> You have the option to work for either of the employers. But you cannot work for both of them at the same time.

2. If one of the COS gets denied and one gets approved, can i work for one that got approved?.
>>> Yes.

Is there some "bridging" concept which applies to this scenario.
>>> No. Bridging is different.