Amendment to approved H1 petition with COS

[ankitbarot.msccait]

Hello Experts,

I have question related to filling Amendment to my approved H1 petition and COS.

Could anyone of the experts please help with this:

- My current visa and I94 expires on 7Sep13. I have approved H1B petition and COS effective from 1Oct2013. I need to file amendment and get it into Consular processing.
1. Can this amendment (transferring from COS to consular processing)get RFE? In case yes then what would happen to H1 petition? Can it be revoked?

2. In case of RFE, Can I travel outside USA, get visa stamped and reenter?

Please help

[raghvi]

Hello Experts,

I have question related to filling Amendment to my approved H1 petition and COS.

Could anyone of the experts please help with this:

- My current visa and I94 expires on 7Sep13. I have approved H1B petition and COS effective from 1Oct2013. I need to file amendment and get it into Consular processing.
1. Can this amendment (transferring from COS to consular processing)get RFE? In case yes then what would happen to H1 petition? Can it be revoked?

2. In case of RFE, Can I travel outside USA, get visa stamped and reenter?

Please help

What is the reason for the amendment? Unless a concrete reason is provided USCIS may not approve the same. Also, if you are planning to leave on or before I-94 expiry why would you want to file an amendment? Leave US on or before 07-Sept-2013 , get H1 stamped abroad and return by end of Sept.

This is my opinion not legal advice.

[ankitbarot.msccait]

Thank you for your reply. To make long story short. Actually my H1 COS approved in error. It was approved with old I94 (when I submitted App, I94 was having Dec 2013 however I had to travel to India and they changed I94 date to 7sep13. The latest I94 was not submitted). I heard there would be issues if I would try to utilize this COS.
So my current employer is going to file L1 extension and I want to Cancel H1 COS and convert into Consular so I can join H1 employer around Jan2014 as cannot start on H1 from 1Oct2013. I do not want to travel India at this point-of-time.

Your help would be highly appreciated.

[raghvi]

Thank you for your reply. To make long story short. Actually my H1 COS approved in error. It was approved with old I94 (when I submitted App, I94 was having Dec 2013 however I had to travel to India and they changed I94 date to 7sep13. The latest I94 was not submitted). I heard there would be issues if I would try to utilize this COS.
So my current employer is going to file L1 extension and I want to Cancel H1 COS and convert into Consular so I can join H1 employer around Jan2014 as cannot start on H1 from 1Oct2013. I do not want to travel India at this point-of-time.

Your help would be highly appreciated.

You certainly complicated the case by traveling out of US while COS was pending.

Your H1 sponsoring employer has to file the amendment in the form of an amended I-129 petition. On this new I-129 petition, they should request consular processing. They should include a support letter explaining the change to consular processing.

And if you dont want the confusion to carry on beyond 01-Oct-2013 you should file it as premium. Again, its at the discretion of USCIS to approve it or not. Also, if approved, you will be able to move to H1 in Jan 2014 only after getting H1 stamped abroad and entering US on the H1.

This is my opinion not legal advice.

[ankitbarot.msccait]

Thank you Raghvi for your reply. H1 employer is ready to file amendment to convert into Consular processing. The question is Does such amendments getting approved or there is chance of RFE? If there is RFE can entire H1 petition be revoked? Please let me know your valuable inputs one more time, please.

[raghvi]

Thank you Raghvi for your reply. H1 employer is ready to file amendment to convert into Consular processing. The question is Does such amendments getting approved or there is chance of RFE? If there is RFE can entire H1 petition be revoked? Please let me know your valuable inputs one more time, please.

RFE yes possible, revocation I dont think that will happen for this reason alone unless some fraud is being committed by you or the employer.

This is my opinion not legal advice.

[ankitbarot.msccait]

Thank you very much Raghvi. Like lot of other people, I highly appreciate your replies. I am sure this is very useful to many like me. You are doing great job.