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I want to know the L1B to H1B COS process.

I am currently on L1B VISA and had applied for my H1B this year. My H1B employer told me that my H1B is selected in lottery but they didn't give me any receipt no for tracking.

I have following queries,

1. If my L1B to H1B COS got approved, how will I know  if they don't give me any document before joining them  ?

2. One of my friend told me that USCIS will send my COS to my home address and not to the employer. is this true ? If this is true, then by which date should i receive my COS/i94 ?

3. How to receive L1B to H1B COS and other documents from my H1B company ?

Thanks for your help in advance.

Thanks,

VM
asked in H1B Visa by (510 points)

1 Answer

+1 vote
1. USCIS considers that the H-1B employer has employee's best interest in mind. So it is expected that employer notifies you about COS approval so that you can join them. If COS is approved, and you don't join H-1B employer then both you and H-1B employer are breaking the rules.

2. There is no separate COS notice for H-1B. Your approved 797 will have the I-94 attached to the bottom of it, and is sent to the employer. If you had dependents included in the filing, then their COS notice will be sent to your home address.

3. It is up to employer when to share them with you. Again, if your COS is approved and they don't bring you on payroll they are in as much trouble as you.
answered by (286k points)
Hi Saurabh,

Thanks for a quick response.

I have one more query.

1. Does any employer have right to delay the COS date(1st Oct) ? I have only 8 months left to file a green card so I doubt that my H1B employer can delay COS date such that I can't approach another company to file my green card..
COS date is issued by USCIS and once it has been issued, employer cannot change it by themselves. So the COS date cannot be changed, but your employer can delay the joining date (which would not be correct as explained previously).



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