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cancel a Change of Status (COS) submitted with H1B this year 2013-urgent help needed

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  • cancel a Change of Status (COS) submitted with H1B this year 2013-urgent help needed

    How can I cancel a Change of Status (COS) application submitted with H1B this year?
    I am currently on an L1B with an extended I94 (I94 valid till 2014) with employer A. Though my L1 VISA is already expired last year but I maintain valid I94 till dec 2014.

    Employer B filed my H1B with COS this year and my case got selected in lottery. I have got the receipt number for that.
    How can I withdraw the COS application and just get a consular process H1B as due to some family issues I may not be able to switch to employer B immediately after 1st Oct 2013.
    I do not want to run into issues where USCIS already approved the COS and I needed to continue with L1 employer for couple of more months beyond 1st Oct 2013 or until my family situations are improved. If COS get approved and I decided to continue with L1 employer beyond 1st Oct then I will be considered illegal which I do not want to do.

    If I could convert the current COS to consular processing than probably I can continue with L1 Employer as long as my family situations improves and then when I feel comfortable, I can visit my home country and get the H1 stamped with employer B and re-enter USA with H1 employer. I
    want to wait till my family situations are stabilize before changing my employment with H1 employer.

    with COS already under processing with USCIS, how do I convert it to consular processing before it gets approved by USCIS ?

    Can I write a letter to USCIS as applicant or does the petitioner need to write?
    Last edited by vks1021; 04-23-2013, 04:01 AM.

  • #2
    It is not very straightforward to do that and since your L1 Visa is expired, traveling and returning is also not an option for you. Here's what you can try, your H1 petitioner can file an amendment to the petition requesting consular processing instead of change of status. But one cannot predict if it will work or not.
    This is my opinion and not legal advice.

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