H4 to H1 COS ! Urgent

[gomathi16752]

Hi,

I applied for H1b visa on Apr 01, 2009 and got approved for the current fiscal year thru conslutancy Y which is valid from Oct 01, 2009. I got married in June 2009 and came on H4 visa to USA by taking leave from my current indain company X for a period of 4 months.

My current company X offered me an onsite position and asked to come back India for processing L1b. I went to chennai consulate for L1B visa stamping and got rejected saying "my L1 B is not clearly approvable this time" with 221(g) blue slip. So, I decide to resign from my current indian company.

Query:
1. The consultancy Y asked me to come US on H4 visa again and then apply for H4 to H1 COS. Since I applied for H1 visa before marriage, Can I apply for H4 to H1 COS after reaching USA?
2. Since One of my US visa (L1B) got rejected in chennai consulate, is it OK to apply COS ?
3. If Option 2 not possible, Can I go for visa stamping either in canada or mexico? Will there be any queries reg my previous L1b rejection over there?
Please advice me which is the best way to go ahead further.

[shervin143]

Answers below.

Hi,

I applied for H1b visa on Apr 01, 2009 and got approved for the current fiscal year thru conslutancy Y which is valid from Oct 01, 2009. I got married in June 2009 and came on H4 visa to USA by taking leave from my current indain company X for a period of 4 months.

My current company X offered me an onsite position and asked to come back India for processing L1b. I went to chennai consulate for L1B visa stamping and got rejected saying "my L1 B is not clearly approvable this time" with 221(g) blue slip. So, I decide to resign from my current indian company.

Query:
1. The consultancy Y asked me to come US on H4 visa again and then apply for H4 to H1 COS. Since I applied for H1 visa before marriage, Can I apply for H4 to H1 COS after reaching USA?
>>> Yes.


2. Since One of my US visa (L1B) got rejected in chennai consulate, is it OK to apply COS ?
>>> Yes.


3. If Option 2 not possible, Can I go for visa stamping either in canada or mexico?
>>> First time H1B stamping should be done from the home country unless you have completed your studies in U.S. If your H1B employer already have a project for you, then it is advisable to get the H1B stamped and re-enter in H1B instead of coming to U.S on H4 and waiting for the COS to get approved (You cannot work until the COS gets approved). It will take anywhere between 2-3 months by normal process and 15 days by premium process (which will cost an additional $1000).


Will there be any queries reg my previous L1b rejection over there?
>>> Rejection of one visa should not impact the approval of another visa, unless the cause for rejection is YOU (Example: fraud, illegal stay in U.S etc)


Please advice me which is the best way to go ahead further.