L1B to H1B - COS vs Consular Processing.

[cbro82]

1.) L1B to H1B -> Why most of the companies prefer doing COS while we are in USA?. Is it because the petition approval rate is high or they want to be in employers payroll quickly to earn money?.

2.) Consular processing will give some flexibility for a L1B employee to join the new employer but is the petition approval rate is low (like RFE) if you choose this option?.

3.) If the family & Kids are in USA on L1B, does the attorney chooses COS by default?.

[raghvi]

1.) L1B to H1B -> Why most of the companies prefer doing COS while we are in USA?. Is it because the petition approval rate is high or they want to be in employers payroll quickly to earn money?.

2.) Consular processing will give some flexibility for a L1B employee to join the new employer but is the petition approval rate is low (like RFE) if you choose this option?.

3.) If the family & Kids are in USA on L1B, does the attorney chooses COS by default?.

Are L1 and H1 employer the same?

[cbro82]

Are L1 and H1 employer the same?

No raghvi. H1 employer is different.

The reason i asked the above questions was, I asked the new employer to do Consular processing so that I have some time in switching but it went as COS.

[raghvi]

No raghvi. H1 employer is different.

The reason i asked the above questions was, I asked the new employer to do Consular processing so that I have some time in switching but it went as COS.

Well consular processing to the employer and many times to the employee also means uncertainty, waste of time, effort, and money because one needs to go out of US and re enter on a new visa(if changing visas or if existing visa has expired).Wheras with COS one continues to stay in US without a need to travel out. Also, if COS is approved you are bound to work for the H1 employer from 01-Oct-2017, or upon actual approval date , whichever happens later. This way , the employer ensures that employee is not upto anything else.

This is my opinion not legal advice.

[cbro82]

Thanks Raghvi for answering.

With Consular Processing, If H1 is approved, we can do COS from L1 to H1 and stay in US without going back right?.

[raghvi]

Thanks Raghvi for answering.

With Consular Processing, If H1 is approved, we can do COS from L1 to H1 and stay in US without going back right?.

Technically yes, but just like any other COS its at the discretion of USCIS to approve the COS request based upon its merits.

This is my opinion not legal advice.