About informing my employer if i do COS?

[Tina80]

If i apply COS from H1B to H4, do i have to inform my employer that i'm changing?? What should be done?

I have couple of questions too
Incase if i inform the employer, if he revokes does that become any problem during COS period?
Incase if he revokes, can i, in future apply again from H4 to H1B with my old petition number rather than going through lottery again?

Thanks in advance

[txh1b]

Your choice. Does not matter if you are currently in status at the time of applying for a COS. If not, you will be in trouble if USCIS denies the COS.

Once cap counted, the H1b can be used to request another H1b from an employer without having to re-do the lottery process.

[raju_abc]

Your choice. Does not matter if you are currently in status at the time of applying for a COS. If not, you will be in trouble if USCIS denies the COS.

Once cap counted, the H1b can be used to request another H1b from an employer without having to re-do the lottery process.

Does it means that even if i withdraw H1, i can request for H1 without subject to lottery system?

[txh1b]

Does it means that even if i withdraw H1, i can request for H1 without subject to lottery system?

Provided it was approved (cap counted) and then revoked by the employer. The burden of proof is on the alien to provide a copy of the approval or an online case status (if you are sure the receipt number belongs to you) to prove cap count.

[raju_abc]

Provided it was approved (cap counted) and then revoked by the employer. The burden of proof is on the alien to provide a copy of the approval or an online case status (if you are sure the receipt number belongs to you) to prove cap count.

One more doubt, can the same employer(one who revoked) again can apply since my cap is already there?

[txh1b]

Yes.

[raju_abc]

Yes.

Thanks for your quick reply.

One last question .
I know this is not the right thread to post in and you have already been bugged up with this question, but I appreciate your answers on the following through i have read the blog . so please bear with me :

I am on L1 visa (Company A )and its valid till june 2010.
However i had applied for H1 (Company B )in 2008 and it got approved and it was with a COS.
However i am still working with Company A on L1.

Now, techinically I just came to know that i am OUT OF Status.(As I didn't went out of country)
Is that true?

Secondly, I want to retain my L1 status.
How can I retain that?
Can I go to India and again come back on L1?
Will this retain my L1 status? Will there be any problem on POEntry?
If above is not the solution , than can you kindly suggest some other option of retaining my L1 status?

Also what all I-94's i need to give on POExit? only L1 or both L1 and H1?

Lastly , If after some time i want to join Company B on H1 , how can this possible?

Thanks for your patience.

[freemail]

Hey Raju_abc, could you make a new thread for your questions by giving a suitable title ?
This will make search easy as it's a good question and many face this issue.
Appreciate your help !

[raju_abc]

Hey Raju_abc, could you make a new thread for your questions by giving a suitable title ?
This will make search easy as it's a good question and many face this issue.
Appreciate your help !

done!!