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h4 to h1...COS or direct stamping, which is better?

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  • h4 to h1...COS or direct stamping, which is better?

    Sir/Mam,

    I was in US on H4. I am currently in my home country for vacation.
    While here, I got my H1B applied and approved as consular processing for 2011 cap.

    I plan to go back to US in August on H4 and then apply COS in October and start working.
    -- Since my H1 was approved while I was out of US, will my COS also be approved as consular processing only? Do I have to go for stamping again before I could start working???
    -- If I go for H4 stamping, would that affect my approved H1 petition???

    Also, if I decide to wait and get my H1 stamped in my home country,
    --what is the earliest I can go for stamping for 2011 cap?
    --Can I land in US on H1B sometime mid September and start working from October.?

    Appreciate your feedbacks.

    Thanks,
    Excited and confused new h1b holder...

  • #2
    Originally posted by h1b_visaholder View Post
    Sir/Mam,

    I was in US on H4. I am currently in my home country for vacation.
    While here, I got my H1B applied and approved as consular processing for 2011 cap.

    I plan to go back to US in August on H4 and then apply COS in October and start working.
    -- Since my H1 was approved while I was out of US, will my COS also be approved as consular processing only? Do I have to go for stamping again before I could start working???
    No COS by definition is opposite if counsular processing.
    -- If I go for H4 stamping, would that affect my approved H1 petition???
    No effect

    Also, if I decide to wait and get my H1 stamped in my home country,
    --what is the earliest I can go for stamping for 2011 cap?
    Anytime
    --Can I land in US on H1B sometime mid September and start working from October.?
    Last week if september is the earliest.
    Appreciate your feedbacks.

    Thanks,
    Excited and confused new h1b holder...
    Answers above.
    Remember your rights as an H1 worker, you must get paid as per the LCA all the time.
    This is my opinion and not legal advice.

    Comment


    • #3
      COS from h4 to H1

      Hi All,

      I am currently in USA on H4. I want to work here and looking for all ways for a COS to H1. I understand after the new memo 2010, for applying H1 we need to provide client letter to USCIS.
      Now my question is if any client company is in need of my technical skill for their project, can I attend interview for that client
      and get a letter from them for providing as a proof when applying for my COS from H4 to H1b?

      Comment


      • #4
        H1 sponsoring will be done by your company/employer. You don't have to do anything.

        After approved, you start working for that employer.

        Comment


        • #5
          You can do that. However, yu can start working only after the COS gets approved. COS to H1B need to be filed by your employer.

          Note:
          Post your questions in a separate thread and not at the top of someone else's post.



          Originally posted by subhadra07 View Post
          Hi All,

          I am currently in USA on H4. I want to work here and looking for all ways for a COS to H1. I understand after the new memo 2010, for applying H1 we need to provide client letter to USCIS.
          Now my question is if any client company is in need of my technical skill for their project, can I attend interview for that client
          and get a letter from them for providing as a proof when applying for my COS from H4 to H1b?
          Not a legal advice. Use of this information is strictly at your own risk.

          Comment


          • #6
            Thanks Shervin,

            sure, if I had questions in future, I would open up a new thread.

            Comment

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