Skip to main content

Regarding COS from L1 to H1 based on approved I797 B

North Arlington, NJ |

I came to the US on L1B with comp A on 15th Nov 2010. On 21st Nov 2011 I applied for H1B with US based comp B. On march 5th 2012 I got I797 B approval without I94 and it is saying that I need to go to home country for stamping. Client of company B wants me to join in 20th March. Is there a way I can avoid going to my home country and apply for COS staying in the US based on my approved I797 notice which falls under cap. Please note I was never out of status and have all the pay stubs from comp A on L1b

Attorney Answers 2

Posted

Apparently your COS was denied. Unless there was service error, you need to go outside the US to get the visa to return. the I-797 should have been accompanied by an explanation about the COS. If you think there was an error, you might be able to make a motion to reconsider. Make an appointment for an immigraton lawyer to review your documents, but do so quickly as you only have 30 days from the date of the decision to make a motion.

Answers given on this site are general advice only and do not establish an attorney-client relationship.

Mark as helpful

4 comments

Asker

Posted

Thanks for responding. It was not a service error & COS was not denied because we never asked for that, we opted to pick stamp overseas. Is there anyway i can request for COS now??

Alan M Lubiner

Alan M Lubiner

Posted

It all depends on whether you have remained in valid L-1 status. If you have, you can apply for COS, if not, you cannot. Alan M. Lubiner, Esq. Lubiner & Schmidt, L.L.C. CLEVELAND PLAZA 123 North Union Avenue-Suite 305 Cranford, NJ 07016 908-709-0500 E-Fax: 561-258-0960 ALubiner@LSLawyers.com<mailto:ALubiner@LSLawyers.com> Confidentiality Note: This e-mail is intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. Dissemination, distribution or copying of this e-mail or the information herein by anyone other than the intended recipient, or an employee or agent responsible for delivering the message to the intended recipient, is prohibited. If you have received this e-mail in error, please call the above office and destroy the original message and all copies.

Asker

Posted

Yes I have always remained in valid status i.e on L1 and I have all the pays stubs and 194 to prove that. I need to join on 20th March is it possible I can get my COS done before that may be with the help of Premium Processing. If yes please let me know, please share your direct contact number so that I can call you and then we can go ahead with this

Alan M Lubiner

Alan M Lubiner

Posted

On Monday please call the office and speak to my associate, Dennis who will get the information from you and let you know if we can proceed. 908-709-0500 Alan M. Lubiner, Esq. Lubiner & Schmidt, L.L.C. CLEVELAND PLAZA 123 North Union Avenue-Suite 305 Cranford, NJ 07016 908-709-0500 E-Fax: 561-258-0960 ALubiner@LSLawyers.com<mailto:ALubiner@LSLawyers.com> Confidentiality Note: This e-mail is intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. Dissemination, distribution or copying of this e-mail or the information herein by anyone other than the intended recipient, or an employee or agent responsible for delivering the message to the intended recipient, is prohibited. If you have received this e-mail in error, please call the above office and destroy the original message and all copies.

Posted

No. You need to leave the US and reenter with a valid H-1B visa stamp in order to work for the H-1B employer.,

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

Mark as helpful

Immigration topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics