Convert H1b Consular Processing to COS

[nutakki]

I am currently working for Company X on L1 (expires in 2016). This year, Company Y filed H1B for me in Consular Processing. My application is selected in lottery. I am planning to go to India in Oct 2015 last week for about a month. Here are my Questions:

1) As my application is applied in Consular Processing, I am thinking there will not be any issue to come back to US in Nov 2015 (after vacation) on my existing L1 VISA. correct?

2) Once I come back to US, I am thinking to apply for Change of Status in Premium Processing. It is possible right?

3) Can COS be applied with future Date (like Jan 2016 when applied in NOV 2015) so that after it is approved i will have enough time to give notice to my current company X?

4) should I need to join Company Y only after I got approval for COS or as soon as I applied for COS ?

5) COS approval date and company Y start date are same or can be different?

6) If the above two dates should be same, how can i give 2 weeks (min) notice to current Company X?

Thanks in Advance!!

[raghvi]

I am currently working for Company X on L1 (expires in 2016). This year, Company Y filed H1B for me in Consular Processing. My application is selected in lottery. I am planning to go to India in Oct 2015 last week for about a month. Here are my Questions:

1) As my application is applied in Consular Processing, I am thinking there will not be any issue to come back to US in Nov 2015 (after vacation) on my existing L1 VISA. correct?

2) Once I come back to US, I am thinking to apply for Change of Status in Premium Processing. It is possible right?

3) Can COS be applied with future Date (like Jan 2016 when applied in NOV 2015) so that after it is approved i will have enough time to give notice to my current company X?

4) should I need to join Company Y only after I got approval for COS or as soon as I applied for COS ?

5) COS approval date and company Y start date are same or can be different?

6) If the above two dates should be same, how can i give 2 weeks (min) notice to current Company X?

Thanks in Advance!!

1. I dont see, as long as you have a valid L1A in passport.
2. Yes, it is possible.
3. I believe it is possible.
4. On COS date.
5. Can be and have to be same.
6. Based on point 3 above, you can request a specific COS date, and 2 weeks before that resign. the approval would state that your next petition starts from that date.

This is my opinion not legal advice.

[nutakki]

1. I dont see, as long as you have a valid L1A in passport.
2. Yes, it is possible.
3. I believe it is possible.
4. On COS date.
5. Can be and have to be same.
6. Based on point 3 above, you can request a specific COS date, and 2 weeks before that resign. the approval would state that your next petition starts from that date.

This is my opinion not legal advice.

Thank you so much for quick response and the details.

Some other Questions:

1) I heard that CP to COS is completely in hands of USCIS. What is the possibility of denial ? Any possible reasons that you are aware of?
2) Can i another company Z without joining Company Y at all? If yes, please let me the know the process.
3) H1b Transfer and COS are same or not?

[raghvi]

Thank you so much for quick response and the details.

Some other Questions:

1) I heard that CP to COS is completely in hands of USCIS. What is the possibility of denial ? Any possible reasons that you are aware of?
2) Can i another company Z without joining Company Y at all? If yes, please let me the know the process.
3) H1b Transfer and COS are same or not?

1. Yes it depends on USCIS. But if justifications are provided such as impact to business and time constraints they may agree.
2. Yes Z can also apply a cap exempt H1.
3. The two are different.In COS you are moving from one status to another such as L1 to H1. Technically there is no " transfer" its merely the employer filing a cap exempt petition.

This is my opinion not legal advice.