Very very urgent!!!!

[vinodk366]

Dear shervin:

I just got my petition documents for a newly approved H1B petition

I dont want to take that at this point of time...

Shervin, i coudn't do a COS, i am planning to LEAVE THE COUNTRY immediately with all the documents and will there be any issue if i come back on H4....

Please advise... can i just decline the offer at this point of time and just leave the country...

immediate advise is required..i am tensed....


thanks,

[vinodk366]

Dear shervin:

In the NEW H1 approval notice, it clearly states that:

"A person granted a COS who leaves the US must normally obtain a visa in the new classification before returning" THIS NEWLY APPROVED PETITION WAS A COS FOR ME FROM H4 to H1.

SO AM I STRUCK??? If i go outside can they permenantely stop me from coming into US.....or can a new employer file a H1 petition when i am outside the country.....

I have booked my tickets for monday, also i don't have H4 stamping in my passport...So if i reject the offer and leave outside, i will get caught right, they are going to question me for not taking the new offer as i was already on H4 for more than 6 months for my exams...

I think i messed up everything.....please advise....

Regards,

[shervin143]

I have answered your posts many times and you keep asking the same question again and again. This will be my last reply on this topic. You unnecessarily get tensed over nothing.

What is mentioned in the petition applies only if you want to return back on H1B to continue working.

If you are really smart, you should have taken the H1B job, start working and look out for a better job. That way, you could have easily got the H1B transferred to a company which is willing to do your GC rather than finding one while you are in H4. You wouldn't have had to leave the country to get back to H4. Also, if you don't already have an SSN, then you can get one only when you are in H1B.

All that you need to do now is go out of the country, get the H4 stamped and return back on H4. As long as your spouse is maintaining a valid H1B status your chances of getting an H4 is pretty high. No one is going to question you about your H1B at the POE when you return back on H4.

[vinodk366]

Dear shervin:

Thank you so much for the reply...Sorry for troubling you with the same set of questions....

I have some more to ask you.

1.Say if a person gets RFE for COS, he has to leave the country...What will be the situation and questions arising out there???

2.When the person goes out due to refusal of COS, being in Foreign Land will it be possible for another company to apply for a H1B transfer....and what if the previous company has revoked the petition in the mean time,,,,how does the H1B transfer occur???

3.What extent is the possibility of RFE for COS????
How many days from approval date a person is safe for doing COS.....

Your help is highly appreciated.

Thanks,

[shervin143]

1.Say if a person gets RFE for COS, he has to leave the country...What will be the situation and questions arising out there???
>>> Why would someone need to go out of the country for receiving an RFE? If there is an RFE, then you need to submit the requested documents to get the RFE cleared. But if you have to leave the country for any other reason, then your COS might get denied (As it is not advisable to leave the country when a petition for COS is under progress with USCIS). Other than that, there will be no issues.

2.When the person goes out due to refusal of COS, being in Foreign Land will it be possible for another company to apply for a H1B transfer....and what if the previous company has revoked the petition in the mean time,,,,how does the H1B transfer occur???
>>> If the COS is denied, then you remain in your old status. Say you are right now in H4 (let us assume it is valid till 2012), if your COS to H1B gets denied, then you remain in H4. You don't have to run out of the country for that.

H1B transfer is something that can happen only when you are already in H1B status. If the previous company revokes the H1B, you can still apply for a new H1B with a different company under the same CAP until the petition remains valid (The expiry date has not reached).

3.What extent is the possibility of RFE for COS????
>>> That depends on the document that you submit.

How many days from approval date a person is safe for doing COS.....
>>> Anytime, as long as the petition remains valid.

[vinodk366]

Dear shervin:

Thank you for all the response you have given me.

Very useful. Thanks again for your efforts!!!

Thanks,
vinod

[vinodk366]

Dear shervin:

Some more q's!!!!!!!!!!!!!!!!1

I came on H1B, worked for an employer for 3 yrs, then changed employer and worked for 10 months, then I quit job and was on H4 for 8 months (prepared for my exams).

Now i got an offer, but this employer is putting me in trouble by not ensuring GC after getting my H1B petition approved...so i am already not in good terms with the employer.....

Now filing for COS back to H4, without taking up the job,,,,Does it really sound good, will there be any denial in COS,,,if so, HOW SERIOUS SUCH DENIALS ARE??

If i have to go out of country when such a denial occurs, what reason can i give the visa officer, why i didn't take the job??? THE ONLY REASON IS EMPLOYER NOT READY TO DO PERMENANT RESIDENCE & SO I AM NOT INTERESTED!!! is it possible to tell this....,

They may think that a person is getting a job after being on H4 for 8 months and is not taking up,,,,so they may ask me questions to any extent right???

what if they deny my H4 visa??? is there any chance that i can never get inside US.

or if i get stuck outside, is it possible for my 1st employer to sponsor a
H1B and bring me in...will that be a transfer or NEW H1B.....

Please advise....sorry for repeated questions...

Thanks,