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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 24559
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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1 I worked on L1B till AUG-12-2013 have salary slip till AUG-12-2013

Resolved Question:

1 I worked on L1B till AUG-12-2013 have salary slip till AUG-12-2013 date.
2.Applied for H4 before leaving L1B company go the reciept before AUG-12-2013
3. Have past H1b while i was in India year 2008
4.Got a job offer with client letter, doing change of status from H4 to H1B. What are the chances i can get consular processing instead of change of status. If we provide full documentation. Company i am working with have direct client.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Judith replied 1 year ago.

Hello, my name is Judith. Thank you for this opportunity to answer your questions.

When does your I-94 expire?

Did the employer revoke the petition?

 

Judith

Customer: replied 1 year ago.

I am not aware if the did revoke the petition. I left employer on AUG-12-2013.


 


L1B I-94 expires on 04-03-2015


 


 


But will it matter even if they did revoke my L1B. Is there some place where I can check it is revoked or not.


 


Right now i only have H-4 Receipt.

Expert:  Judith replied 1 year ago.

Do you want consular processing or a COS??

Judith

Customer: replied 1 year ago.

I want COS.

Expert:  Judith replied 1 year ago.

1. I worked on L1B till AUG-12-2013 have salary slip till AUG-12-2013 date. Worked on L1B status 3 years and 24 days. Applied for H4 before leaving L1B Company got the receipt before AUG-12-2013.Also Have past approved I-797 H1b while I was in India year 2008. 2. Got a job offer from some new company will get client letter (stating roles and responsibilities and location of work). Filling COS from H4 to H1B what are the chances I can get consular processing instead of COS?

My evaluation is that you will get a COS because your I-94 has not expired and you remained in status up to the time the fee receipt was issued. If your I-94 had expired that increases your probability for consular processing.

 

3. If I don't get a client letter or I am getting better offers from direct/big companies that can also provide client letter and also getting offers from clients itself. How much time do I have for COS as my last salary slip on L1B was on AUG-12-2013 and now the GAP between last salary slip and filing for change of status is growing?

Since you had filed for the COS before your I-94 expired you have not gone out of status.

What USCIS will do is to wait until there is a decision on your H4 COS before approving your new COS to H1B.

 

4. As far I know I am cap exempt for 6 years these 6 years will complete on October 2014.If there is more Gap in finding the job will there be issue like COS not approved or 2008 H1B not accepted/invalidated because of salary slip GAP or H1B visa not used for 5 years.

No see #3

5. There are few companies that can file my change of status based on their internal project. What are the chances getting COS approved on internal project? Are the chances same as filing with Client offer and letter?

USCIS always scrutinizes jobs where you work for an end client more than when you are going to be employed directly by the petitioner. The issue is control. Who has the right to direct and control the work product of the employee.

 

Judith

Customer: replied 1 year ago.

Other points are clear the below point not clear


What USCIS will do is to wait until there is a decision on your H4 COS before approving your new COS to H1B.


 


 


1. The new company is filing my H1B COS based on the H-4 receipt , L1B salary slips ,L1B Visa approval and L1B l-94 and H1B past approval.This filling will be done under under premium process.


if COS is approved after that they will revoke the H4 application.


 


Do i need to wait for H4 approval before they can do the above. As per my talk with companies attorney i don't need to wait for H4 approval.


 


Let me know


 


Thanks

Expert:  Judith replied 1 year ago.

I'm sorry I was not clear.

No you do not have to wait for the H4 COS because the H4 COS was filed timely and your I-94 is still valid under the L1B.

Your lawyer is correct.

You file now using the H4 COS as a bridge for your H1B COS.

Judith

Customer: replied 1 year ago.

 


Thanks for the reply.


 


One last question to make sure we haven't missed it.


 


1. The H1b approval that I have I filled it while i was in India and on the I-797B the consulate written is "New Delhi”. Will this have any impact on COS? Like USCIS give approval with CP not COS?


 


Please let me now.


 


Thanks

Expert:  Judith replied 1 year ago.

No effect, the petition was counted in the cap. The number is XXXXX

 

Judith

Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 24559
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
Judith and 3 other Immigration Law Specialists are ready to help you
Customer: replied 11 months ago.

Hi Judith,


 


As per my last question to you, you mentioned that the "Change of Status" from H4 Receipt to H1B will have no issue (as my I-94 is still valid even though I left the company and they might have canceled my L1B) and I don't need to leave the country and go for H1B stamping.


 


I asked same question to one other lawyer on your firms the response was as below “
What matters now is that the H-4 be approved AND that the H-4 be approved before the H-1B is approved. If any of that fails to happen in that order, then you will have to leave for stamping OR your H-1B employer will have to file again if the H-4 is approved after the H-1B is approved."


 


The attorney of the company that is filing my "Change of status" told me that worse case scenario is I have to go out of the country for stamping. Best case scenario is that “Change of status” is approved.


 


What do you think that the chances are I have to go out of country for stamping and come back after stamping? Have you had similar case/question in the past and what was the outcome?


 


Let me know.


 


Thanks


 

Expert:  Judith replied 11 months ago.

The other expert did not address the issue that your I-94 is not expired.

However, we both came to the same conclusion,

Best case which I believe will happen is COS is approved.

Worse case is you have to go for consular processing.

If you ask 50 lawyers a question you can get many different answers because we all have different experiences.

My answer was based on my 34 years of experience. I appreciate your positive rating in advance.

You have no gap in your I-94 which the other expert seems to be alluding to. That is perhaps why their answer differs.

Judith

Customer: replied 11 months ago.

Thanks Judith for the reply.


 


The Attorney of the company have prepared the case and waiting for signatures for filling.


 


You see any point waiting for H4 approval. Approval will not come soon the processing dates of USCIS (current average time is 3.7 months that will be November 20)?


 


If by any chance consular processing is approved the company have full documentation and I will be working in there office no body shopping. You see any issues in H1B stamping. ?

Expert:  Judith replied 11 months ago.
Take the advice of your lawyer and do as they suggest. Sign the documents.
I don't see any visa stamping issue.
Judith
Customer: replied 11 months ago.

Thanks Judith for you help on this. I will go ahead with the filing and hope for the best

Expert:  Judith replied 11 months ago.

I appreciate your positive rating or any bonus you believe I earned with the additional questions.

Judith

Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 24559
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
Judith and 3 other Immigration Law Specialists are ready to help you

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