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COS from H4 to H1_PA location query

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  • COS from H4 to H1_PA location query

    Hi

    Im visiting US in H4 by next month and I'm planning for COS from H4 to H1 once after i get an employer.
    My questions here are,
    1.Should I came back to India to attend the H1B visa Personal Appearence? (In 2009, I tried for H1B and peition got approved (valid till 2013) but my visa was denied under 221(g) )

    2.Is it possible for any employer to use my previous petition to process a new H1B for me?

    Thanks Much....

    @Shervin/Kabkaba,
    you guys are really a great help for a huge community here.
    Thanks a lot for your assistance...

  • #2
    The CAP from your previous petition can be used by any employer to file a new H1B petition with an immediate start date. The COS (if approved) will come with a new I-94 which will allow you to work in U.S. No need to leave the country to get the H1B visa stamped if the H1B approval notice comes with a new I-94. If the approval doesn't come with a new I-94 (consular process), then you should leave the country, get the H1B visa stamped and return back. You cannot work until your status changes from H4 to H1B.
    Not a legal advice. Use of this information is strictly at your own risk.

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