H1 COS and revoke

[wardy]

Hello,

My questions are:

1) If an H1 is approved without COS and if a beneficiary decides not to join the H1 employer, now if the H1 employer desicedto revoke the H1, will this create problems to the existing L1B visa that the person hols in the US ?

2) While extending the L1B visa, willthis revoked H1 create any problems to the L1B visa ?

Please let me know.

Thank you.

[txh1b]

1. No
2. No

Are you sure the H1b was NOT a COS? That would change the answer to Yes.

[wardy]

Thanks TxH1B.

The H1B was applied with COS but I did leap frog to void the COS while the petition was pending with USCIS.
The employer told that the H1 was approved but he did not get a new I94 attached to the approved H1B petition.

This means I can peacefully work in the US on L1B visa, correct ?

[txh1b]

Correct. But ensure you actually see that and having a copy of H1b approval notice will ensure you can use it with another employer if needed in the future.

[wardy]

Thank you for your quick response !

I saw it in the USCIS website and it says "H1 is approved. Petition sent to employer".
If the H1B was approved with a COS, what would have the text in the USCIS website been ?

The employer is not giving me the petition. What should I do ?

[txh1b]

USCIS website does not tell if it is a COS or not. Unless you actually see the petition (I797-A-COS) (797B- Non COS), you cannot tell.

[wardy]

Okay ! Should I ask the employer to send me a copy of the 797 x form(s) that he received from USCIS regarding my approved H1B ?
The fact is, they do not provide the petition in hand as they fear losing a potential employee.

[txh1b]

Your choice. They still need to be afraid of losing a potential employee as just a case receipt number will suffice for a transfer in many cases if you are sure the case number belongs to you.

Let me guess, you paid for the H1b?

[wardy]

Yes, I did pay. I know it's not legal to pay for H1B.

But, how do I ensure that the approved H1B was not COS ?

[txh1b]

We already talked about how.

[txh1b]

USCIS website does not tell if it is a COS or not. Unless you actually see the petition (I797-A-COS) (797B- Non COS), you cannot tell.

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