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H-1B Consular Processing and approved and need to do the COS

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  • H-1B Consular Processing and approved and need to do the COS

    Hi, Please help me regarding my situation.

    I am a L2 Dependent and Employer A applied my H-1B Consular Processing this year and recently this was approved for Client A. Now I don't want to go out of country and don't want to work for the client mentioned in above H-1B petition.

    I got a new client B and need to join them by Jan 1st, 2014. Can my Employer A file the L2 to H-1B COS with new client B in a month? If not, Can Employer A file the L2 to H-1B COS with the client A mentioned in above approved H-1B petition?
    OR
    Can Client B directly file for L2 to H-1B COS for me as their employee? that means can I transfer my approved H-1B to Client B with COS?

    Thanks in advance.

  • #2
    Originally posted by l1btol1a View Post
    Hi, Please help me regarding my situation.

    I am a L2 Dependent and Employer A applied my H-1B Consular Processing this year and recently this was approved for Client A. Now I don't want to go out of country and don't want to work for the client mentioned in above H-1B petition.

    I got a new client B and need to join them by Jan 1st, 2014. Can my Employer A file the L2 to H-1B COS with new client B in a month? If not, Can Employer A file the L2 to H-1B COS with the client A mentioned in above approved H-1B petition?
    OR
    Can Client B directly file for L2 to H-1B COS for me as their employee? that means can I transfer my approved H-1B to Client B with COS?

    Thanks in advance.
    Hello, |1bto|1a.

    Yes. Client B can file for COS L2 to H1B. Good thing, yours was a Consular Processing as your status did not change from L2 because of that. You are good to switch to Client B directly (on their payroll) and you are also good for an amended petition from Employer A for Client B. Employee A can also file COS (amendment) for Client A. If you immediately go for Premium Processing, you might be able to get the outcome before January.

    Hope this helps. Wishing you luck.

    Cheers,
    These are my personal thoughts. I am not a professional.

    Wishing you luck.

    Comment


    • #3
      Originally posted by Nattybone View Post
      Hello, |1bto|1a.

      Yes. Client B can file for COS L2 to H1B. Good thing, yours was a Consular Processing as your status did not change from L2 because of that. You are good to switch to Client B directly (on their payroll) and you are also good for an amended petition from Employer A for Client B. Employee A can also file COS (amendment) for Client A. If you immediately go for Premium Processing, you might be able to get the outcome before January.

      Hope this helps. Wishing you luck.

      Cheers,
      Thank you very much for your answer.

      Comment

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