Difference between COS and Counselor processing for H1B

[shlok82]

Hi,

As I previously explain in my query that I am working on L1-B individual which is valid till 30-Nov-2014, and my employer will planning to file H1-B in April 2014. As I request to my employer to file my H1 with Change of status so I can continue my job on L1-B till 1st October 2014, and then my status will automatically change to H1-B.

Please correct me if my assumption is wrong, now my employer is ready to file my case under COS process.

My question is – It’s also possible to file my H1-B under consular processing? I don’t have much knowledge about consular processing. So could you please give me some idea about this process?

Also please let me know what will be the best option to file H1-B (thru COS or thru consular process) in my case, as I already hold L1-B (individual) till November-2014.

Thanks!

[shlok82]

Difference between COS and Counselor processing for H1B

Hi Ragvhi,

Could you please reply my query about COS and Counsellor process, so I can decide under which category my H1 should file. Please this is really urgent for me

Thanks in advance

[raghvi]

Hi Ragvhi,

Could you please reply my query about COS and Counsellor process, so I can decide under which category my H1 should file. Please this is really urgent for me

Thanks in advance

There is only a Month odd difference between H1 start (01-Oct-2014) and L1 expiry, so I would suggest you go ahead with Change of Status rather than do a Consular process and try o do an amendment later on.

This is my opinion not legal advice.

[shlok82]

There is only a Month odd difference between H1 start (01-Oct-2014) and L1 expiry, so I would suggest you go ahead with Change of Status rather than do a Consular process and try o do an amendment later on.

This is my opinion not legal advice.

Thanks a lot for reply Raghvi. But I really don't understand your last statement where you mention "try o do an amendment later on" what is that mean exactly. Could you please explain bit more so I am clear about my case.

Thanks

[raghvi]

While filing the H1 I129 petition there are two options in Part 2 . 4 - Requested Action. Here the petitioner (your employer) would choose either "a" or "b".

As part of option "a" it means that the petition is being requested to be processed as consular process and subsequently, in Part 4, they have to mention the consulate at which the employee would go to get the visa, which in common terms is also referred as "going for visa stamping".

If Option "b" is chosen (in Section 2.4) , it means that the petition is being requested to be processes as "Change of Status", that is the employee is already in US in another status (L1 in your case) and that you need to move to H1 Status.

Now, what does each of these options mean for you?

Option a - Consular Process. - Your H1 petition, if approved , a notification would be sent to the appropriate Consulate as requested, lets assume its Chennai, India. Now, under such a situation, your status remains the same- L1 individual, till L1 Individual I-94 Expiry. In order to stay beyond L1- Individual I-94 expiry, you have to get a new I-94. To get a new I-94, you can,
1- either file L1 Extension
OR
2- leave US, go to the consulate notified (Chennai), get H1 stamped, and return on H1
OR
3- File an amendment through Form I129 again and request to change the Consular approved petition to Change Of Status. Which again would involve attorney fees, COS fees etc. USCIS would need reason as to why a Consular petition now needs to be converted to Change of Status and its at USCIS discretion to grant COS or not.

Now, I think none of the above option looks very appealing as I dont think you would want to risk a L1 extension decision OR travel for Visa stamping , OR depend upon USCIS to grant you a COS, plus all the anxiety and costs and risks involved. Hence you should select Option "b" in Section 2.4 , that is, Change Of Status, which, upon approval, will automatically move you from L1 Status to H1 status, and along with the approved COS you would get a new I-94 which would allow you to continue your stay in US, on H1 Status, without the need to go for stamping.

Yes, of course, as and when you leave US, in order to return, you would need a valid visa, at that time you would have to get a new visa stamping done.

This is my opinion not legal advice.

[shlok82]

While filing the H1 I129 petition there are two options in Part 2 . 4 - Requested Action. Here the petitioner (your employer) would choose either "a" or "b".

As part of option "a" it means that the petition is being requested to be processed as consular process and subsequently, in Part 4, they have to mention the consulate at which the employee would go to get the visa, which in common terms is also referred as "going for visa stamping".

If Option "b" is chosen (in Section 2.4) , it means that the petition is being requested to be processes as "Change of Status", that is the employee is already in US in another status (L1 in your case) and that you need to move to H1 Status.

Now, what does each of these options mean for you?

Option a - Consular Process. - Your H1 petition, if approved , a notification would be sent to the appropriate Consulate as requested, lets assume its Chennai, India. Now, under such a situation, your status remains the same- L1 individual, till L1 Individual I-94 Expiry. In order to stay beyond L1- Individual I-94 expiry, you have to get a new I-94. To get a new I-94, you can,
1- either file L1 Extension
OR
2- leave US, go to the consulate notified (Chennai), get H1 stamped, and return on H1
OR
3- File an amendment through Form I129 again and request to change the Consular approved petition to Change Of Status. Which again would involve attorney fees, COS fees etc. USCIS would need reason as to why a Consular petition now needs to be converted to Change of Status and its at USCIS discretion to grant COS or not.

Now, I think none of the above option looks very appealing as I dont think you would want to risk a L1 extension decision OR travel for Visa stamping , OR depend upon USCIS to grant you a COS, plus all the anxiety and costs and risks involved. Hence you should select Option "b" in Section 2.4 , that is, Change Of Status, which, upon approval, will automatically move you from L1 Status to H1 status, and along with the approved COS you would get a new I-94 which would allow you to continue your stay in US, on H1 Status, without the need to go for stamping.

Yes, of course, as and when you leave US, in order to return, you would need a valid visa, at that time you would have to get a new visa stamping done.

This is my opinion not legal advice.

"Thanks a lot Sir, now I am very clear to go with COS process. Thanks again"