COS applied..Need to travel to India.

[AditiK]

Hi All,
My H1 approval came in November 2006, though due to a mistake on the employers part, it did not come with an I-94. We then applied for change of status (H4 - H1) and the application is still pending with the consulate. These are the few questions I have.

1. I need to travel to India next month due to some personal issues. What happens to the application with the USCIS for the COS?

2. Is my H1 petition which the USCIS approved still valid? or when we applied for the COS, its considered a new application (new H1) all together?

3. When I go for stamping can I get my H1 stamped based on the petition which was approved?

4. In a situation where my H1 stamping gets rejected, can I still get my H4 stamped, based on my husband's H1?

I know these are a lot of questions, but I really need answers. I cannot seek advise from any lawyer, so people with similar experience or any information with similar situations, please let me know.

Thanks a lot !!!

[Subramanya]

H4 and H1 issues

My H1 approval came in November 2006, though due to a mistake on the employers part, it did not come with an I-94. We then applied for change of status (H4 - H1) and the application is still pending with the consulate. These are the few questions I have.

1. I need to travel to India next month due to some personal issues. What happens to the application with the USCIS for the COS?

---- It will be under process

2. Is my H1 petition which the USCIS approved still valid? or when we applied for the COS, its considered a new application (new H1) all together?

---- If this is your first H1 application, it will be valid once approved by USCIS

3. When I go for stamping can I get my H1 stamped based on the petition which was approved?

---- Of course, yes. In fact once your H1 is approved, your H4 ceases to be valid and only your H1 status considered to be legal

4. In a situation where my H1 stamping gets rejected, can I still get my H4 stamped, based on my husband's H1?

---- If you are on H4 and you have a valid and unexpired Visa, why is there a need to apply for H4 Visa. However, if your H1 Visa is rejected you only have H4. At the same time you have applied for COS from H4 to H1 and if you go out of the country then you have to apply for H1 Visa

I know these are a lot of questions, but I really need answers. I cannot seek advise from any lawyer, so people with similar experience or any information with similar situations, please let me know.

---- Why can't you go to a Lawyer and seek genuine answers? What are impying by this statement

Subramanya

[AditiK]

Hi Subramanya,
Thanks a lot for taking the time to reply to my post. I still have a few questions.
I cannot go to lawyer, cause my employer doesnt feel the need for one and believes that he can handle the situation himself as he has been doing so in the past. So I have to direct all my questions to him.

1)... I did get my H1 approval from the consulate, but since the COS had not occured due to an error from my employee, we had to apply for COS. So isnt my H4 still valid, since COS hasnt occured?

2)... In such a scenario, I can try to get my stamping done from India,(since im leaving the country) even though COS is applied, am I correct?

3)... Now if my H1 stamping gets rejected in India, cant I just get my passport stamped with my H4? I have an H4 approval and an unexpired I-94. But since the COS hasnt occured, cant I be eligible to get my passport stamped with H4?

4)...Also I was under the impression that if COS has been applied and if you leave the country during that time when it hasnt come through yet, the application gets nullified. Is this true?

Thanks a lot for your answers. Please help me!! I am totally confused

Aditi

My H1 approval came in November 2006, though due to a mistake on the employers part, it did not come with an I-94. We then applied for change of status (H4 - H1) and the application is still pending with the consulate. These are the few questions I have.

1. I need to travel to India next month due to some personal issues. What happens to the application with the USCIS for the COS?

---- It will be under process

2. Is my H1 petition which the USCIS approved still valid? or when we applied for the COS, its considered a new application (new H1) all together?

---- If this is your first H1 application, it will be valid once approved by USCIS

3. When I go for stamping can I get my H1 stamped based on the petition which was approved?

---- Of course, yes. In fact once your H1 is approved, your H4 ceases to be valid and only your H1 status considered to be legal

4. In a situation where my H1 stamping gets rejected, can I still get my H4 stamped, based on my husband's H1?

---- If you are on H4 and you have a valid and unexpired Visa, why is there a need to apply for H4 Visa. However, if your H1 Visa is rejected you only have H4. At the same time you have applied for COS from H4 to H1 and if you go out of the country then you have to apply for H1 Visa

I know these are a lot of questions, but I really need answers. I cannot seek advise from any lawyer, so people with similar experience or any information with similar situations, please let me know.

---- Why can't you go to a Lawyer and seek genuine answers? What are impying by this statement

Subramanya

[Subramanya]

H1 and H4 issues

Thanks a lot for taking the time to reply to my post. I still have a few questions.
I cannot go to lawyer, cause my employer doesnt feel the need for one and believes that he can handle the situation himself as he has been doing so in the past. So I have to direct all my questions to him.

1)... I did get my H1 approval from the consulate, but since the COS had not occured due to an error from my employee, we had to apply for COS. So isnt my H4 still valid, since COS hasnt occured?

---- If you have applied for COS while being present in the US then yes, your H4 is valid

2)... In such a scenario, I can try to get my stamping done from India,(since im leaving the country) even though COS is applied, am I correct?

---- does this Query relate to H1 or H4. For H4, If you do not have a H4 Visa and you go out of the country, then yes you need to get the H4 Visa stamp at a US Consulate and then return to US

3)... Now if my H1 stamping gets rejected in India, cant I just get my passport stamped with my H4? I have an H4 approval and an unexpired I-94. But since the COS hasnt occured, cant I be eligible to get my passport stamped with H4?

---- Yes, you can get the H4 Visa issued to you and stamped on your Passport, but it may not be on the same day. You may have to pay the fees and seek an appointment with the US Consulate by paying the requisite fee

4)...Also I was under the impression that if COS has been applied and if you leave the country during that time when it hasnt come through yet, the application gets nullified. Is this true?

---- The application does not get nullified all by itself. The whole process takes a long time

---- In the whole process, let us know if you want to apply for a H1 Visa or a H4 Visa while you are out of the country. You may be able to apply for both at the same time

Subramanya

[AditiK]

Hi Subramanya,

Thanks again for taking the time to answer my queries. To your question, 'which visa will I be applying for while in India?' I will first apply for my H1 and see if it gets stamped, if not I will try to get my H4 stamped. Does that make sense? I mean is it possible. And if yes what is the procedure?

Thanks again for taking the time to read and reply.

Aditik

Thanks a lot for taking the time to reply to my post. I still have a few questions.
I cannot go to lawyer, cause my employer doesnt feel the need for one and believes that he can handle the situation himself as he has been doing so in the past. So I have to direct all my questions to him.

1)... I did get my H1 approval from the consulate, but since the COS had not occured due to an error from my employee, we had to apply for COS. So isnt my H4 still valid, since COS hasnt occured?

---- If you have applied for COS while being present in the US then yes, your H4 is valid

2)... In such a scenario, I can try to get my stamping done from India,(since im leaving the country) even though COS is applied, am I correct?

---- does this Query relate to H1 or H4. For H4, If you do not have a H4 Visa and you go out of the country, then yes you need to get the H4 Visa stamp at a US Consulate and then return to US

3)... Now if my H1 stamping gets rejected in India, cant I just get my passport stamped with my H4? I have an H4 approval and an unexpired I-94. But since the COS hasnt occured, cant I be eligible to get my passport stamped with H4?

---- Yes, you can get the H4 Visa issued to you and stamped on your Passport, but it may not be on the same day. You may have to pay the fees and seek an appointment with the US Consulate by paying the requisite fee

4)...Also I was under the impression that if COS has been applied and if you leave the country during that time when it hasnt come through yet, the application gets nullified. Is this true?

---- The application does not get nullified all by itself. The whole process takes a long time

---- In the whole process, let us know if you want to apply for a H1 Visa or a H4 Visa while you are out of the country. You may be able to apply for both at the same time

Subramanya

[AditiK]

Hi Subramanya,
The latest on my case is that I got the COS with I-94 today. Now under this circumstance my employer is suggesting that I get my visa stamped as a H4 when I am in India. His fear is that my H1 stamping may get rejected due to the small size of his company and the company not being profitable yet. He says I should be able to come back on an H4 Visa and then use this COS approval (I-94) to apply for an SSN and subsequently start working with him.

I dont think this is possible because me entering the country on an H4 visa will negate the H1 COS. I think he may have to re-apply for a COS for me to start working with him. Am I correct , or will I be able to come back on H4 and then start working using the COS which I have received just now?

I really appreciate you taking the time to reply to my querries

Thanks a lot!