H4 to H1 COS

[rahul_34b]

Hello Experts,

I came to US in Feb-2017 on H4. As my H1 is approved in Jan-2017, will there be any issue if I apply for COS?
Heard that for applying for COS,person who is on H4 should be present in US at the time of H1 approval. Is it required to be in US when H1 is approved?
Am I eligible for applying COS?

Thanks in advance..

[scientist2016]

How was your H1 filed viz., was it for consular processing or COS? Given that you travelled to the US in Feb, and the H1 was accepted in Jan, I am guessing it was filed the consular route. In any case, you are eligible for COS.

[raghvi]

Hello Experts,

I came to US in Feb-2017 on H4. As my H1 is approved in Jan-2017, will there be any issue if I apply for COS?
Heard that for applying for COS,person who is on H4 should be present in US at the time of H1 approval. Is it required to be in US when H1 is approved?
Am I eligible for applying COS?

Thanks in advance..

Yes, you should avoid travelling out of US while a COS is pending otherwise the COS will be deemed as abandoned.

This is my opinion not legal advice.