H4 to H1 - employer not filing COS

[neha2508]

Hi ,

Last year in March 2013 I came to US on H4 and one of the employer filed my H1B. Then, as I was working in India I went back for settling the dues with my company.

Then in July 2013 I came back on H4 to US and my H1B got approved in August 2013. Now my employer in not filing COS from H4 to H1 for me. So here are few querie :-

1- Can i go for H1B transfer ?

2- If Yes , Then can a new employer file COS for me with H1B transfer ?

3- What are the chances of COS approval ?

4- If COS get rejected then will the H1B petition also get rejected ?

5- If i go back to India , will that H1B is helpfull ?

Please respond its urgent

Thanks

[kadkhiq81]

H4 to H1 - employer not filing COS

1- Can i go for H1B transfer ? Yes

2- If Yes , Then can a new employer file COS for me with H1B transfer ? Yes

3- What are the chances of COS approval ?

no one can predict but if you have all the documents correctly, then I don't think any reason to not to approve.

4- If COS get rejected then will the H1B petition also get rejected ?

Mostly not however it might end up in consular processing wherein you have to go for a stamping for a new employer if it's approve.

5- If i go back to India , will that H1B is helpfull ?

It does not matter.

This is my opinion and not a legal one.

[neha2508]

H4 to H1 - employer not filing COS

Thanks for the reply kadkhiq . Just wanted to know few more things :

1 -As counselor processing is already requested on petition then can I take a chance for COS/Transfer within US OR its better to leave back to India ?

2- If I go back to India, Can i go for H1B Transfer with any other Indian Employer ? Is that possible ?

Waiting for reply

[kadkhiq81]

H4 to H1 - employer not filing COS

You can try for H1 transfer with COS. As long as you have valid I 94, You do not have to go back to india.

If you want to try from india, yes, You can try that as well. Key is that to find a correct employer.

This is my opinion.

[neha2508]

H4 to H1 - employer not filing COS

Thanks ..