H1B COS from L1

[cbro82]

Hi,

I am currently on L1B Visa. I got my H1B filed in 2017 via COS. My H1B petition got approved but COS got denied as I went to India after H1B was filed.

My new employer says we have 2 options. The first one is to leave USA get stamped and come back & the other one is to apply for COS/Amendment.

1.) My question is, as the COS was already denied earlier, will it be approved this time?.

[scientist2016]

Hi,

I am currently on L1B Visa. I got my H1B filed in 2017 via COS. My H1B petition got approved but COS got denied as I went to India after H1B was filed.

My new employer says we have 2 options. The first one is to leave USA get stamped and come back & the other one is to apply for COS/Amendment.

1.) My question is, as the COS was already denied earlier, will it be approved this time?.

Your previous denial was because you had no status to extend (since once you leave the US, you no longer have a status). So it will have no effect on how this COS petition would be adjudicated.

[cbro82]

Hi,

Thanks for the reply.

I forgot to tell you.

I went to India in the first week of April 2017 after H1B was filed but returned back to USA after 1 month ( May 2017).

So I don't know why my COS is denied in Feb 2018 as I am in USA already ?.

I know that I was away from USA while my H1 was filed, but I returned to USA back so I felt the COS should be approved as I am back.

If my employer files a COS again will it have any issue?.

[scientist2016]

Hi,

Thanks for the reply.

I forgot to tell you.

I went to India in the first week of April 2017 after H1B was filed but returned back to USA after 1 month ( May 2017).

So I don't know why my COS is denied in Feb 2018 as I am in USA already ?.

I know that I was away from USA while my H1 was filed, but I returned to USA back so I felt the COS should be approved as I am back.

If my employer files a COS again will it have any issue?.

Nope your COS was rightly denied. When you filed it, you had "a" status, and filed for COS of the same. When you left, that status ceased to exist. When you came back you once again acquired a status, but it is different from the previous one. You were admitted in the same visa category, but a status that has ceased to exist cannot be brought back. Hence, every entry to the US confers a new & fresh status.

[cbro82]

Thanks for your reply,

Do you know the fee details for L1B to H1B transfer?. Is so please let me know.