H1B with COS filed and left country

[antr]

Hi All,

My wife is working for a consultant on L-2 EAD and her consultant has filed H1B with COS for her for 2011 which is in Initial Review status now.

However, she had to leave US for some reason and will be coming back shortly.

Please advise how this departure can impact her H1B processing.

Thanks a lot in advance!

[shervin143]

The COS might get denied and the H1B might get approved for Consular process.

If COS gets approved, then she will end up with two I-94s (One from POE and one that comes with the approval of COS) and she need to figure out when the status will actually end by applying the last action rule.

[antr]

Thanks Shervin! So bottom-line is this cannot impact the H-1B approval process, right?

I assume by consular process you mean, she needs to go to India/Canada for Stamping.

Can COS be filed again separately after H1B is approved (if the COS is denied)?

Sorry to ask so many questions - this should not impact anyway her re-entry to US based on her L-2, right?

Thanks again!

[txh1b]

http://www.uscis.gov/files/pressrelease/Travpub.pdf

[shervin143]

So bottom-line is this cannot impact the H-1B approval process, right?
>>> That is not true. The petition might get denied. But there are also cases where the H1B was approved for consular process. Refer to the document posted by txh1b below.

I assume by consular process you mean, she needs to go to India/Canada for Stamping.
>>> If it is her 1st time H1B stamping, then she need to go to her home country. Check the below link for the visa stamping in Canada/Mexico.
https://www.immihelp.com/usa-visas/v...gcanadamexico/

Can COS be filed again separately after H1B is approved (if the COS is denied)?
>>> Yes. It take 2-4 months by normal process and 15 days by premium.

Sorry to ask so many questions - this should not impact anyway her re-entry to US based on her L-2, right?
>>> No. She can re-enter on her L2 visa as long as her visa and passport are valid and you are maintaining a valid L1 status.