L1 to H1 transfer COS

[Shaikhussain]

Hi , I am currently working in US on L1B .my visa expires on Feb 2014 nd I-94 expires on 2016.my current company planning to file my H1 this year.do I need to choose H1 COS or H1 CP?i am planning to continue in U S until my h1 approved.also my family has L2 stamping nd they never travelled to US so far.they are planning to join me in April 2014 once my H1 petition approved. I am interested go for COS because they can go for stamping in April itself if h1 approved in April . Otherwise they have to wait till October .plz suggest me the right path

[raghvi]

Hi , I am currently working in US on L1B .my visa expires on Feb 2014 nd I-94 expires on 2016.my current company planning to file my H1 this year.do I need to choose H1 COS or H1 CP?i am planning to continue in U S until my h1 approved.also my family has L2 stamping nd they never travelled to US so far.they are planning to join me in April 2014 once my H1 petition approved. I am interested go for COS because they can go for stamping in April itself if h1 approved in April . Otherwise they have to wait till October .plz suggest me the right path

COS or CP depends upon the employer. With COS you would automatically move to H1 status from H1 start date and work only with H1 employer.
With CP you would move to H1 only after getting H1 stamped at a consulates outside US. H1 start date can only be 01-Oct-2014 or later.

Either way there is very little chance that H1 will get approved for you in April itself, even if applied in premium. Even with lottery and H1 exhausted in first 5 days this year the earliest approval didn't come in April.

Even then, they can go for H4 only if it gets approved as COS and max 90 days before H1 start date, and subsequently can enter H1 only max 10 days before H1 start date. So if you want your dependents to enter US on H4 they will have to wait till Sep 2014 to travel.

Technically they can enter US on their L2 (if valid) and once in US, file a COS to H4 based on your H1 receipt/approval. If their L2 is also expiring in Feb 2014 then if they dont enter US before Feb 2014 then would be able to enter US only around Sep 2014 end by getting an H4 stamped.

This is my opinion not legal advice.

[Shaikhussain]

L1 to H1 transfer COS

Thank you raghvi.so I realized my family can only enter after September .one more thing is ,is there any advantage if I go for H1B COS compared to H1B CP.will the chances of getting visa approved are high with COS?plz let me know

[raghvi]

Thank you raghvi.so I realized my family can only enter after September .one more thing is ,is there any advantage if I go for H1B COS compared to H1B CP.will the chances of getting visa approved are high with COS?plz let me know

It makes not much difference to the petition approval as such whether it is COS or CP.

This is my opinion not legal advice.

[Shaikhussain]

Thank you very much