Can I do a COS for an approved H1 (consular processing)

[sarv_sampark]

Hello Experts,

I am in US with an L1, from A company, which is valid till 2011. I also have an approved H1 petition, from B company, with CONSULAR PROCESSING.

I would appreciate advice on the following:
1. I do not want to use CONSULAR PROCESSING. Can I do a COS for the approved H1 now?
2. If yes, then which form to be filed for it?
3. If #1 is yes then, can a company C file the COS for me, so that it is like a COS and an H1 transfer together?
4. Am I correct in assuming that if my H1 gets rejected during either 'Consular Processing' or COS, then I still have my L1 as valid?

Regards.

[shervin143]

1. I do not want to use CONSULAR PROCESSING. Can I do a COS for the approved H1 now?
>>> Yes. If it is with the same company which sponsored your H1B, then they just need to file an H1B amendment.

2. If yes, then which form to be filed for it?
>>> Form I-129. Should be filed by the employer.

3. If #1 is yes then, can a company C file the COS for me, so that it is like a COS and an H1 transfer together?
>>> Yes.

4. Am I correct in assuming that if my H1 gets rejected during either 'Consular Processing' or COS, then I still have my L1 as valid?
>>> Yes.

[sarv_sampark]

Hello Shervin,

Can the new company (C) apply for 'Change Of Status' and 'H1 Visa Transfer' for me even if I haven't joined the payroll of the company that originally filed for my H1?

Regards

[shervin143]

Possible, as long as you are in valid H1B status (Meaning, you have payslips for the time you were on H1B status).

[sarv_sampark]

Hello Shervin,

Much thanks for your prompt reply. This is my case actually:
1. I work with company A on L1
2. Company B sponsored my H1 and I got approved notification. I am still working at A on L1
3. Company C files for 'Change Of Status' and 'H1 transfer', even though I haven't yet started working for company B - because I am still on L1 with company A

Will I be able to achieve point #3?

Thanks & Regards.

[shervin143]

Possible. When the COS to H1B gets approved, you should stop working for Company A immediately and should join Company C. Your employment with the L1 employer will be considered illegal after the COS.

[sarv_sampark]

Hello Shervin,

Your inputs have been very helpful. Thanks for that.

Recently I filed for change of status from my L1 to H1B. My H1b is with a different company than that of my L1.

My CoS to H1b got approved. We saw the approved status on the internet, but the approval notice paper took 3~4 days to reach us. As we were not sure of the 'Valid From' date, I ended up working for my L1 employer for 4 days after the CoS date. I started working for my H1b employer from the 5th day.

What are the consequences of that 4 day period? And how to make ammends?

Regards

[txh1b]

When a COS is violated, it is possible for the future status to be considered illegal as well. In your best interest, a re-entry using the visa type that you COSd to is the only remedy.

As an alternative, you can assume that the 4 day period would not cause any issues but that might turn out to be a costly assumption.

Talk to an attorney that knows this stuff in their sleep and you will get the same answer.