H1 got canceled without prejudice, currently on H4

[shireeshmsr]

Hi Friends,

This is Sandhya, I worked for 3 yrs for a company in India and I had H1b visa with the same company, I never came to us on H1B visa, last year I got married and came to US on H4 (May 2009), during the H4 visa interview my H1 visa got canceled without prejudice. I have copy of H1B petition.

1. Can I apply for COS with the new employer ..?
2. Can I apply for COS any time in the year and how much time will it take for COS ...?

It would be great, if you can provide your thoughts on this.

Thanks,
Sandhya

[Xkuger]

I do not see any issue at anytime... for your new application.

Its a new applications so I am sure it will fall under the quota availibility..

[shervin143]

1. Can I apply for COS with the new employer ..?
>>> Possible.

2. Can I apply for COS any time in the year
>>> If you use the same CAP from the existing petition, then YES. If you are going for a fresh H1B, then it has to be done before the existing quota runs out.

and how much time will it take for COS ...?
>>> 2-3 months by normal process and 15 days by premium.

[shireeshmsr]

H1 got canceled without prejudice, currently on H4

Thanks for your reply, I will be using my old H1 petition

1. What are all the documents I need to submit for COS ..?
2. Can I start working once I get the approval or should I go for stamping ...?

Thanks,
Sandhya

[shervin143]

1. What are all the documents I need to submit for COS ..?
>>> http://www.immihelp.com/forum/showthread.php?t=77507

2. Can I start working once I get the approval or should I go for stamping ...?
>>> COS will come with a new I-94. So you can start working. You need to get the H1B visa stamped only when you leave the country and want to re-enter.