L1 to H1 transfer , COS to be changed to consular processing

[ashok77]

hi All,

I am currently in L1 B status and have applied for H1B and employer has made an application for COS to H1. Due to some reasons I am not in a position to change to H1 leaving the current employer for few more months ,I have already spoken this matter to H1 employer to check if there is an option to change from COS status to consular status in which case I may have to re appear for Visa stamping later on.

1. Is there an option to make it from COS to consular processing once it has been filed for COS? Amendment from COS to Consular processing.
2. Can the COS application be delayed or made dormant for few months and picked up later on?
3. Once applied for COS how long does it take for processing?
4. In case if COS to H1 has happened but i would still like to continue in L1 status what is the best option possible? From the forum I understand that I need to travel outside the country and come back . Do I need to go back to India or else can i visit a neighboring country and return

[raghvi]

hi All,

I am currently in L1 B status and have applied for H1B and employer has made an application for COS to H1. Due to some reasons I am not in a position to change to H1 leaving the current employer for few more months ,I have already spoken this matter to H1 employer to check if there is an option to change from COS status to consular status in which case I may have to re appear for Visa stamping later on.

1. Is there an option to make it from COS to consular processing once it has been filed for COS? Amendment from COS to Consular processing.
2. Can the COS application be delayed or made dormant for few months and picked up later on?
3. Once applied for COS how long does it take for processing?
4. In case if COS to H1 has happened but i would still like to continue in L1 status what is the best option possible? From the forum I understand that I need to travel outside the country and come back . Do I need to go back to India or else can i visit a neighboring country and return

You have not mentioned any date in the post. When was the start date of H1 COS? If it has already past then you are already out of status.
1. Yes it is possible only id done much before COS start date. You cannot change after COS start date.
2. Yes, provided it was requested initially so, again not possible after COS start date.
3. 2-4 Weeks premium 2-4 Months normal.
4. Leave US and re enter on L1 visa. You can go to any neighbouring country too. I do hope you have a valid L1 visa to be allowed re entry.

This is my opinion not legal advice.

[ashok77]

You have not mentioned any date in the post. When was the start date of H1 COS? If it has already past then you are already out of status.
1. Yes it is possible only id done much before COS start date. You cannot change after COS start date.
2. Yes, provided it was requested initially so, again not possible after COS start date.
3. 2-4 Weeks premium 2-4 Months normal.
4. Leave US and re enter on L1 visa. You can go to any neighbouring country too. I do hope you have a valid L1 visa to be allowed re entry.

This is my opinion not legal advice.

Hi Thanks for your reply.


The COS application was filed on 10th of October to USCIS, from which I understand that it is in progress. COS has not already happened perhaps it is in progress.

Is there a process to make it in to a dormant state, than changing it to consular status? Or by default does it get in to a consular status? The whole point is can COS be deferred by few months ? may be 6 months as an example.

I do have a valid visa till dec 2016 if I need to travel and return , In case if COS has already happened and if i travel and return on L1 from near by country will the status automatically become consular status ? Do i need to appear for stamping from the home country ( india) again when I want to convert to H-1?

[ashok77]

hi,

Could any one help me with the query below ?

[raghvi]

There is no dormant state or COS deferral state that you are wanting. So if you really want to avoid the COS, leave US, and re enter on your existing L1.

A COS is considered abandoned if one travels out of US before its approval.

Do remember a COS is not a casual change of status application which can be applied and withdrawn at will. In an alien country you cannot play around with your non immigrant status as it can have consequences later on.

This is my opinion not legal advice.