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L1B to H1B COS

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  • L1B to H1B COS

    I am currently on L1B and have valid status till July 2018. Another company filed H1B this year through COS. I have few questions.

    1.) After H1 Was filed i went to India in April 2017 and returned in May 2017 for some personal reason. Will this cause COS to be denied When H1B is approved?. Meaning H1 approved based on Consular Processing?. or it doesn't matter.

    2.) For how many days we can work on L1 once the H1 COS if approved?.

  • #2
    1) COS could be denied.
    2) Is the H1 a fresh petition? If yes, and if COS is accepted, then you will automatically switch to H1 on Oct 1st.
    Just an opinion; Not legal advice.

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    • #3
      Originally posted by scientist2016 View Post
      1) COS could be denied. - Can you Please tell me why?. Is this because i traveled back to India after H1 was filed?.
      2) Is the H1 a fresh petition? If yes, and if COS is accepted, then you will automatically switch to H1 on Oct 1st.
      - Yes this is fresh Petition. But will COS be approved as I have traveled for a month?.

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      • #4
        For COS to be accepted, you need to have a status, and when you leave the US, you have no status. So depending on when the H1B COS is adjudicated, it could be denied.
        Just an opinion; Not legal advice.

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