H1 Approved but H4 to H1 COS denied

[h1_moon_moon]

Hello All,

My employer applied H1 in this April and fewdays back it got approved but H4 to H1 change of status denied. I travlled india in June and back in July, during that time my H1 petition was pending and got RFE too. my employer reponded to this RFE while i was in India. H1 got approved recently after I came back to US from India on H4.I attended H4 stamping there and entered US on H4 which is valid till March'2012. Now since my CoS from H4 to H1 denied, do I need to go back to India for stamping or I can apply for change of status again? please suggest me the best option

[shervin143]

You can either apply for a change of status and wait until it gets approved to start working or leave the country and return back in H1B visa.

[h1_moon_moon]

Shervin thanks.. my employer saying he will apply for COS H4 to H1 again..
1. He is saying its like applying new H1 petition. is that true?
2. Is there any restriction to apply for CoS (H4 to H1) as mine was denied once.. like I have to apply COS only after xx days after landing in US on H4.

[shervin143]

1. He is saying its like applying new H1 petition. is that true?
>>> Yes. It is a new H1B petition using the CAP from the old h1AB approval notice. When approved, it will become effective imemdiately and you don't have to wait until Oct 1st to start since it is not on a new CAP.

2. Is there any restriction to apply for CoS (H4 to H1) as mine was denied once.. like I have to apply COS only after xx days after landing in US on H4.
>>> As long as you are maintaning the H4 status, the COS to H1B will getr approved if all documents are in order.

[h1_moon_moon]

1. He is saying its like applying new H1 petition. is that true?
>>> Yes. It is a new H1B petition using the CAP from the old h1AB approval notice. When approved, it will become effective imemdiately and you don't have to wait until Oct 1st to start since it is not on a new CAP.

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One clarification here.. my approved H1 belongs to this year quota only.As I travelled out side US while COS is pending (h4 to h1) ..COS got denied and H1 approved..that is the reason employer filing another COS (h4 to h1).
1. So I think even it is approved before Oct 1st, I have to work from Oct 1st only.
2. Is it just COS to H1 and will have same file number as approved H1 or I will be having new file nuber and USCIS will be considering COS as new H1 petition?

[vinsa1234]

Hi Shervin ,
If COS is denied once. What are the options you have ?