Can I Change Employer?

[pr4singh]

I have received H1B approval last month but COS was denied. Now My employer is not willing to disclose/provide all supporting documents with VFS for stamping. As we know now days everyone is asked to provide extra documents based on EVC employment model. My question is

1- Is there any time restriction to get stamping done?
2- Do i have right to ask and get these docs for stamping from employer?
3- Can I find new employer i.e. different employer? If yes is it going to transfer or New Petition?
4- Anyone of you know similar situation and any suggestion to get it done with less pain than what i am expecting?

[shervin143]

1- Is there any time restriction to get stamping done?
>>> No.

2- Do i have right to ask and get these docs for stamping from employer?
>>> If the employer is not willing to provide you the documents, there is nothing much you could do. If the is not ready to handover the confidential documents to you, then they can directly send them to the consulate if a 221g is issued during your stamping.

3- Can I find new employer i.e. different employer?
>>> Yes.

If yes is it going to transfer or New Petition?
>>> Technically there is no such thing as a transfer. It is either a new petition using an existing CAP or a new CAP. In your case, since you are already CAP counted, any employer can file a new petition using the CAP from the existing petition and request an immediate start date. No need to go through quota again.

[pr4singh]

Thanks a lot for quick reply shervin143. One last question, should I wait to file new petition from other employer and then go to stamping or I should go for stamping with whatever documents I have with me. I have another employer ready to file new petition/transfer my current H1B which is approved but COS is denied?

[shervin143]

Are you in U.S now? If yes, the what is your current immigration status? What was the reason for the denial of COS?

Thanks a lot for quick reply shervin143. One last question, should I wait to file new petition from other employer and then go to stamping or I should go for stamping with whatever documents I have with me. I have another employer ready to file new petition/transfer my current H1B which is approved but COS is denied?

[pr4singh]

I am currently in US. My current status is F1 and the reason for COS denial, I had taken admission in TVU for 10 days just got my I-20 transfered and ICE raided (closed) TVU. Then I applied for I539 and at the same time I went out from US for 3 weeks and came back on different new I-20. Hence got valid F1 status. I have replied RFE at my best to show that I have maintained my F1 status all the time but still they denied COS.

Are you in U.S now? If yes, the what is your current immigration status? What was the reason for the denial of COS?

[shervin143]

If you are currently in U.S on a valid F1 status, then any other employer can try to file a COS from F1 to H1B using the CAP from the existing H1B approval notice. If the COS gets, then you can start working without having to go out and get the visa stamped. If the COS gets denied again and if the H1B gets approved for consular process, then you will have to get the H1B stamped and re-enter in H1B visa to start working.

I am currently in US. My current status is F1 and the reason for COS denial, I had taken admission in TVU for 10 days just got my I-20 transfered and ICE raided (closed) TVU. Then I applied for I539 and at the same time I went out from US for 3 weeks and came back on different new I-20. Hence got valid F1 status. I have replied RFE at my best to show that I have maintained my F1 status all the time but still they denied COS.

[pr4singh]

This is definitely helpful. Hey is it possible to try COS with existing employer for which my H1B is approved? I can start a fresh talk with my employer an attorney to file for COS if its possible and good idea rather going back for stamping.

If you are currently in U.S on a valid F1 status, then any other employer can try to file a COS from F1 to H1B using the CAP from the existing H1B approval notice. If the COS gets, then you can start working without having to go out and get the visa stamped. If the COS gets denied again and if the H1B gets approved for consular process, then you will have to get the H1B stamped and re-enter in H1B visa to start working.

[rajireddy]

Pr,

Can you please detail as what exactly was the RFE and how much percentage of the required documentation you provided? Iam also in the same boat. Thanks

[shervin143]

The employer can try to amend the approved H1B petition to change the status. However, the reason given for your denial is that you did not maintain your F1 status. So the chances of a successful COS is very less. It is very likely that USCIUS might deny yuor COS again. However, you can try.

This is definitely helpful. Hey is it possible to try COS with existing employer for which my H1B is approved? I can start a fresh talk with my employer an attorney to file for COS if its possible and good idea rather going back for stamping.