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L1b To H1b - Petition Approved But Cos Denied

Discussion in 'Nonimmigrant Visa Applications Generally' started by Amazon9192, Jul 8, 2015.

  1. Amazon9192

    Amazon9192 New Member

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    Hi Ron, Thanks for all the help you are providing, appreciate if you can provide your expert opinion for below:

    Present Situation: I am working in USA on L1B (4th year) with company A and completing 5 years in Apr 2016. I applied and got selected in lottery for H1B this year from another employer B (applied with COS). H1B petition got approved but USCIS denied COS and approved for CP at Delhi, reason given is I traveled outside USA before H1B petition got approved. I traveled nearby country for tourism and returned on my current L1B visa (I-94 was not changed as I traveled by road), I had no idea that leaving country will abandon my COS request.

    Based on my current situation, can you please help in determing best possible option:

    1) Can an H1B amendment be filed requesting for Change of Status now?
    As I maintained legal presence at all times, is there a possibility to request COS?

    2) Is there any other option other than Counsellor Processing?

    3) If not, If I appear in consulate for visa stamping say mid August and H1B is stamped
    a) When I get H1B stamping in August whose validity is from 1 Oct, will my current L1B be cancelled by consulate?

    b) If L1B is not cancelled, can I still enter on L1B in mid August as my H1B is not valid before 1 Oct and I cant use H1B to enter USA in August.My plan is to come back on L1B, serve notice period and then move to Employer B. If I enter USA on 1 Oct on H1B status, I wont be able to serve notice to currentt employer A. I dont want to resign before appearing for stamping due to possible denial/RFEs.

    c) Once I enter USA on L1B status. After 1 Oct, in order to change my Employer and activate my H1B, do I have to exit/enter with H1B or any COS is possible?

    4) Can I appear in a nearby embassy e.g. Canada, Mexico, etc and not in Delhi. As per my petition seems it can be done by filing I-824, Application for Action on an Approved Application/Petition. Its mentioned in my petition that if you are planning to appear in any other consulate other than Delhi, fill out and send I-824 so that USCIS can inform them and send my paperwork. If answer is YES, is it more risky than appearing from home country consulate?
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You may file a change of status application at this time, presuming that you are still in valid L status. By the way, the correct term is consular not counsellor. I am a counsellor. The guy who issues your visa is a consul.
     
  3. Amazon9192

    Amazon9192 New Member

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    Thanks a lot for the valuable suggestion. Can you please suggest:

    1) To apply COS Application: will it be applied as an amendment to the H1B petition approved? Can it be filed in premium?
    2) If I opt for Consular Processing and If I appear in consulate for visa stamping say mid August and H1B is stamped
    a) Will my current L1B is cancelled by Consular?

    b) If L1B is not cancelled, can I still enter on L1B in mid August as my H1B is not valid before 1 Oct.

    c) Once I enter USA on L1B status in mid Aug. After 1 Oct, in order to change my Employer and activate my H1B, do I have to exit/enter with H1B or any COS is possible?

    4) Can I appear in a nearby USA embassy e.g. Canada, Mexico, etc and not in Delhi. As per my petition seems it can be done by filing I-824, Application for Action on an Approved Application/Petition. Its mentioned in my petition that if you are planning to appear in any other consulate other than Delhi, fill out and send I-824 so that USCIS can inform them and send my paperwork. If answer is YES, is it more risky than appearing from home country consulate?
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I can't speak to your unique facts and circumstances. Generally, they won't cancel a valid, existing visa unless they approve a new visa.
     
  5. Amazon9192

    Amazon9192 New Member

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    My question is what will they do to current L1B if they approve H1b which is effective from October 1st. Thanks
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    The petition will remain in effect until it expires or is revoked.
     
  7. Amazon9192

    Amazon9192 New Member

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    Thanks Ron.Do consulate revoke L1B in this case, is it officer discretion or usually never happens?
     
  8. Ron Gotcher

    Ron Gotcher Attorney at Law

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    It depends on the circumstances. If they feel the petition was approved in error, they will return it to the USCIS. That agency may or may not take further action.
     
  9. prijju

    prijju New Member

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    @Amazon9192 : Did you change of status get approved ? I am in the same situation :(
     
  10. prijju

    prijju New Member

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    Did your change of status get approved ? I am in the same situation :(
     

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