Urgent - H4 to H1 - COS needs to be filed

[ankit2508]

Last year in 2013 i came to US on H4 and one of the employer filed my H1B . Due to some reason i went back to India and came back to US before Approval on H4 only. Now my H1B got approved till 2016 but there is no I-94 on that petition (i797) and its saying that need to go for counselor processing. Also the employer is lingering on filing for COS (H4 to H1B). The queries are

1- Can i try for H1B tranfer + COS(H4 to H1B) with any other employer ? Also, if i do so .. Do i need to go for Counselor processing to get my Visa Stamped OR only by Transfer + COS (H4 to H1B) I can start working on H1B ?

2- What all documents i need to take from current Employer if i go for Transfer + COS with other employer ?

Please reply soon

[raghvi]

Last year in 2013 i came to US on H4 and one of the employer filed my H1B . Due to some reason i went back to India and came back to US before Approval on H4 only. Now my H1B got approved till 2016 but there is no I-94 on that petition (i797) and its saying that need to go for counselor processing. Also the employer is lingering on filing for COS (H4 to H1B). The queries are

1- Can i try for H1B tranfer + COS(H4 to H1B) with any other employer ? Also, if i do so .. Do i need to go for Counselor processing to get my Visa Stamped OR only by Transfer + COS (H4 to H1B) I can start working on H1B ?

2- What all documents i need to take from current Employer if i go for Transfer + COS with other employer ?

Please reply soon

1. Yes you can apply for a transfer to another employer. Converting from Consular to COS for the new employer would depend upon USCIS, if they reject and approve again as consular then yes you would need to go to US consulate for visa interview and stamping.
2. You would need copy of H1 approval notice.

This is my opinion not legal advice.

[ankit2508]

Urgent - H4 to H1 - COS needs to be filed

Ok thanks for update ...let me know few more things :-

1- if i go back to India , and look for new employer like HCl , TCS , etc.... can they transfer my H1B ? or this H1B petition will get Useless.

2- Can i Apply for Fresh H1B this year ?

[raghvi]

Ok thanks for update ...let me know few more things :-

1- if i go back to India , and look for new employer like HCl , TCS , etc.... can they transfer my H1B ? or this H1B petition will get Useless.

2- Can i Apply for Fresh H1B this year ?

1. Yes its possible.
2. Yes you can

This is my opinion not legal advice.