What is Change of Status (COS) ?
When a non-immigrant or an international student/ worker enters US, that alien is given a visa category. This is mentioned in the I-94 that is issued at PoE (Port of Entry). Immigration laws allow the alien/ international student/ worker to move from one visa category to another, with few exceptions, like from H4 visa to H1B or F1 visa to H1 or L1 to H1B, without needing to go out of the country and getting the visa stamped for the new category. This process is called Change of Status and commonly referred as COS in immigration context.
What is the process for Change of Status (COS)?
When applying for COS, following steps happen:
1. The applicant submits COS form (I-539).
2. Additional documents need to be submitted to show that the alien has been maintaining valid status in US, and will be able to maintain status in the new visa category. To demonstrate this, one needs to submit:
- Copy of current I-94, that states you are in valid status and not I-94 not expired
- Depending on the status you are in, you need to submit additional documents.
- If working on H1B or L1, copy of most recent payslips/ pay stubs and W2s
- If on H4 or L2 as dependent, then copy of spouse’s payslips and W2s (when current visa category is H-4 or L-2)
- If on F1 visa, copy of I20, if working on F1 OPT, relevant pay stubs as well.
- If working employment documents like employment letters, etc.
- Also, if on H4 or L2, then spouse’s employment documents and approval notice of H1B/L1
The above documents are just few examples, if you have any other documents that can prove your status, submit them accordingly.
How long does Change of Status (COS) take to process?
If just the COS is filed, then it takes few months to one year process, there is no specific timeline define. You can check USCIS website to see current processing times. If the COS is filed along with H1B with I-129 form, then it can also take anywhere from few weeks to few months to process. The actual processing times are available at USCIS website. If you have premium processing option available like for moving to H1B, then you can get it done in 15 days, but you need to check USCIS website, if that is available at that point. For instance, in September 2018, USCIS suspended premium processing until Feb 2019
How long can I stay in US with COS in pending state ? What if my I-94 expires ?
In general, you can stay in US, as long as a final decision on your Change of Status (COS) application is made. In general, if your I-94 expires, your status in US ends and you are considered out of status. But, in the case of COS pending application with I-94 expired, you do not accrue ‘unlawful presence’. You will be in period of authorised stay. If your COS is approved, your I-94 tie back to the expired date and you will be considered as maintaining proper status. If let’s say you get denial on your COS application and your I-94 has expired for the previous status, then you will need to leave US immediately after you get the decision notice. For more info, read Lawful status vs Period of Authorised Stay – How it works
Can I expedite 221g or RFE processing?
If standard COS is filed, then it cannot be expedited. If it is filed along w/ I-129 form, then it can be upgraded to premium processing. In this case, it will be adjudicated within 15 calendar days. If your COS petition is filed under premium, then once your RFE response is given, the 15 days calendar days clock kicks in and will be expedited.
What happens once COS is approved?
If USCIS approves the COS, then they would issue approved 797 along with an attached I-94. The attached I-94 will have the start and end date of the new visa category along with annotation for the new visa category. Check Sample H4 Approval Notice with I-94. The alien will be on the new visa category from the start date mentioned in the approval notice, and is supposed to start maintaining the new status from that date. For example, if COS is applied from L-1 to H-1, then L-1 status needs to be maintained until COS approval date, and H-1 status needs to be maintained thereafter.
What happens once COS is denied?
If USCIS denies the COS, then alien would continue to remain on your current visa category and need to maintain the same.
Is no stamping required with COS?
When COS is approved, the alien’s visa category changes immediately. No need to go for stamping. However, when the alien leaves the US next and wants to re-enter on new visa status into US, then they will have to go for the visa stamping of that visa category.
You may travel out of US while COS is pending, but the COS will be considered abandoned as you left US. Your petition may be approved, but COS part will be denied and you will need to get Stamping at consulate to get into the new status.
COS is a request to USCIS to process your application in a way, so that they grant you new visa status, without leaving the country. It is Change of Status of applicant from X to Y without leaving US.
No, COS is not relevant when you are out of US. It is applicable only when you are in US and trying to change your status from one to other.
Not necessarily. Your visa stamping at consulate depends on the visa type, its application related supporting documents and not directly related to your travel and COS abandonment.
Any other questions ?
Hi Saurabh ,
I have a query.Will be glad if u can clarify.
My Spouse is on L1b,& me ,children are on L2. Our Visas expired ,soWe filed our extension with the USCIS & it has been approved.We have the approval notice.
We r going to India by May end to get our visa stamped.We have submitted our DS-160.
Can we be assured that the stamping will be done without any hassels.we have all our papers in order,
Thanks in advance.
Archana,
There is never 100% surety. So it’s best to have contingency plans when going for stamping (even if your petition has been approved by USCIS).
Thankyou Saurab. Your posts are very helpful.
Hi saurabh,
I am on H1B with indian IT company. My question is now when i have to get my extension stamped i go to india and infosys office and get everything done. But what if i change my employer while in US who has no ofshore in india.
In that case how will i get stamping done? Secondly in visa interview for h1 i have been saying that i report to indian manager, my company is indian and going to US only for client assisgnment. But in this case of US only employer what will i say in interview.
Please assist.
J,
You will have to schedule interview yourself. You will have to complete DS-160 form, pay HDFC fees and then appear for the interview.
You will know your specific job duties from your H-1 employer. If you will be working as a contractor or working on a product, then that should be your response.
Hi,
I am on H4 , planning to apply for H1 for 2013.
the consultants are telling that first i need to get the job to apply for H1.
is it true .
please suggest, as in 2008 i applied through consultant but it got denied,
after that i wanted to try now.
Leela,
The consultants are basically the employers (primarily consulting companies). On H-1 you will be employed w/ that employer (your sponsor) and will have a job w/ them. What they are asking you is to find a project (and not job). With consulting companies, having a project or client letter is almost a must.
Hi Saurabh,
I’m in L1B extension and my wife is in L2 extension. Our L petition (I797) is valid up to May 2013, but our visa expired by May 2011. My employer refused doing H1 for me but my client accepted and filed my H1 and my wife’s COS (I539) petition on May 21, 2012.
My wife is travelling to India on May 26 2012. Her visa interview at Chennai consulate is scheduled for May 29, 2012. Her planned return date to US is July 09, 2012.
In almost all immigration related sites, they are saying it is better to avoid international travel during a pending petition. We are in a position where her travel plans cannot be aborted.
Now,
1. What will happen to her change of status (I539) petition?
2. Is it not possible for her to return to US on her L2 (assuming that her l2 be granted on May 29)?
3. Will her travel affect my H1 petition in anyway?
I’m so nervous because her travel is just 4 days away. If possible please give your advice asap.
Note: I had written my concern to my attorney and expecting for an reply from him too
Thanks and Regards
DuraiRaj
DuraiRaj,
1. It will be abandoned
2. Yes, she can return on L-2 as you will be on L-1 status until Oct 1 (H-1 would kick in from Oct 1 only)
3. It will not effect your H-1 petition
This is what you need to do:
– make sure your L-1 employer is aware of her travel plans and ready to provide documents to support her L-2 visa stamping
– file COS for her as soon as she returns to US on L-2 visa
Hi Saurabh,
First off, thanks for this website – reading all these posts really helps me get an idea about the processes involved. My situation is that, my husband is in the US on an H1B and I am applying for an H4 to join him. I am an engineering graduate with a few years of workex with a software company so I’m trying to get into my husband’s company. Now if all goes well and my H1B is filed and COS approved, what is the earliest date I can start working? I’ve had some people tell me I can work as soon as the approval is done, and some others have told me I can work only after October 1st – can you help me out please?
TY! 🙂
-Sithara
Sithara,
Earliest start date to work is Oct 1. As you didn’t have any H-1 in the past, you are bound by this date. People who start early, have a previously approved H-1 petition.
Thank you!
Hi Saurabh, I need your esteemed guidance for the following.
I am a H-1B visa holder. My wife is also holding H-4 visa since she is my dependent. But now my employer is going to change my status to L-1. So can you guide me how to change my wife’s status from H-4 to L-2. She is holding India passport and got her H-4 visa stamped at India. Please be informed that I am a Singapore employee and currently at Singapore. I used to be deputed to my employer’s US office. Also please clarify is it possible to apply COS for my wife from Singapore and processing time for the same. Thanks.
Natarajan,
If you are outside of US, then there is no COS involved. COS comes into picture only when the person is present inside US. In your case, employer can file for L-1 petition. Once it gets approved, you can go for L-1 visa stamping and your wife can join you for L-2 visa stamping. Once approved, you both can travel to US to be on L-1 and L-2 visa statuses.
Does that clarify?
Thank you Saurabh. Just want to add one more question. Shall I apply L-2 visa to my wife in parallel with my L-1 visa application? Or you suggest to apply for her once my L-1 visa got stamped.
Natarajan,
As you are outside of US, no L-2 petition needs to be filed. You can get your L-1 petition approved. After that either you can go together for L-1/2 stamping or you can go first and then she can go for L-2 stamping.
Saurabh, Thank you for your prompt response on this. However, my employer provides me unaccompanied status. In turn, they will not sponsor for my dependent’s (wife) visa processing and her stay at US. Even when last time getting H-4 visa, she applied individually and got it stamped. Now employer’s legal advisor has informed that they are in the process of preparing my Blanket L-1 visa application and asking me schedule and appointment after 06/04/12. In the mean time they will send all documents through courier to my singapore address.
Now for my wife’s L-2 visa processing, should I go again for Visa fee payment and filling D-160 application followed by booking a Visa Appointment? or can I add my wife’s name in my D-160 form itself even my employer is providing unaccompanied status to me. Do I need to pay Visa processing fee also in that case. Please clarify.
Thanks
Natarajan
Natarajan,
She will have to complete a separate DS form, and pay the visa fees. She can then appear for L-2 visa stamping once she has all the documents required for L-2 stamping.
I am on L1B, i would like to apply for H1B, once COS is approved and if i’m not interested to go on H1B can i continue on L1B.
I mean.. lets assume Cos is from Oct 1, 2012 and if Im not interested/i did not get job at that time, can i continue on L1B ?
Tony,
If H-1 gets approved w/ COS, then you have to work on H-1 from Oct 1. If you want to continue working on L-1 after Oct 1, then you need to leave US and enter on stamped L-1 visa after Oct 1. The other thing you can do is file H-1 w/o COS, and apply for COS later depending upon whether you want to move to H-1 or not.
hi
i am currently on L1-B. One of the consultancy offered to apply for my H1-B for this year quota. However i need to travel to India during last week of June. Can i travel to india when my change of status is in process?
I cannot wait to come back and start the H1 B filing process because the Quota may get finished by that time. Could you suggest how can i overcome this situation so that i get to go India as well as apply for H1-B.
Thanks a ton for your help in advance!
MM,
If you travel while COS is pending, then your H-1 will be processed and approved w/o COS. You will either have to file COS to H-1 after returning to US on L-1, or enter US on stamped H-1 visa.
If you travel after COS has been approved, then you can still return on L-1 visa (prior to Oct 1) and be on H-1 from Oct 1 (based on previously approved COS).
Hello Saurabh,
You are doing a phenomenol job here.
My situation. I am here since last 1 year with Company A on L1B visa with my dependents on L2. I got job offer from Company B & they are planning to file my H1b under premium procesing by end of May2012. However company A has just asked me to pack bags as project is over & return to India but 10th Aug. My belief is if somehow I manage or convince CompanyA to extend my stay till 30th Sep. I will be safe as once H1b will be approved it will be effective from Oct 2012.
My Questions.
1. What should be the better approach rather than just depending on the risk for pushing company A for extension which may/may not possible.
Approach 1
=========
Can we apply H1b without COS, so that H1b will be approved but status remain as L1b & I should gracefully return to India as per CompanyA’s planned schedule.
Fly back on my same L1 visa approx by mid sep’2012 & resign frm comapny A.
Questions:
1. Do I still need to apply for COS after returnng back on L1 to US to get my visa status changed from L1 to H1 or will it be automaticaly changed to H1 after 1st Oct2012 ?
2. Is there a risk or possibility of problem if I travel back to US in Sep12 with approved H1b withour COS & unstammpedbut & with a valid L1B stamped visa.? my wory is that the should not say that H1b petition is newer than L1b so L1b is cancelled & H1b is not stamped so you can’t travel. Nevertheless, as H1b will be filed without COS, hence visa status will reamin L1b & it should not be an issue.
2. Ideally my US project would have been over by the time I will actually travel back to US in Sep2012, will that be a problem during my trave to US ? I hope not becasue I am still employee of company A holding valid multiple entry L1 visa & I can surely enter back.
Or
Can you recommend any better approach like if you feel pushing hard for 2 more months extension is still a better option then Iwill follow that however I doubt that I may get extension.
Regards,
AC
AC,
1. You will have to file COS from L-1 to H-1. You will be on H-1 status from the COS approval date.
2. There shouldn’t be any such issues. Even though your H-1 petition is approved, you can still travel on stamped L-1 visa and then file for COS.
3. You can enter on L-1 visa only if A wants you to travel to US on that visa
If you can travel to US in Sep on L-1 (w/ approval from A), then you can have you H-1 filed w/ COS. Make sure your H-1 gets approved w/ COS prior to you leaving US. You can then travel back on stamped L-1 visa in Sep and still be on H-1 from COS approval date (i.e. Oct 1). No separate COS needs to be filed in this case. You can talk to an attorney as well about this.
Thanks Saurabh for your response. Just few more closing questions.
1. Can we apply under PP for L1 to H1 transfer via COS ?
2. Will it be illegal to travel on approved L1B without consent of Company A ?
3. Does company send some notification to USCIS about completion of project.?
4. What document do I need to carry with me again incase company agree to send me back in Sep12 (new employment letter ?)
5. I am a B.Sc. + MBA (17+ years of education) from reputed instutute of India with 12+ years of Industry experience. With my present company since last 7 years.
Will it be beneficial of my current company apply for my GC than my new employer ?
6. Why so ?
7. What category of GC does I quality ? EB2
Regards,
Varun
BTW- You have a great fanbase & you can start your own Youtube channel.
AC,
Thanks for the compliment 🙂
1. If it’s just the COS, then PP is not available. If it’s a H-1 petition w/ COS then PP is available.
2. Yes, it will be illegal and you may be asked to return from PoE if the officer decides to check w/ A
3. No, but PoE officer can do a check w/ A. Besides its an illegal use of L-1 visa to travel w/ it w/o A’s consent
4. Yes new employment letter and other details related to the work you will be doing on L-1
5. When applying for GC, experience gained w/ sponsoring employer is not counted. So if you want to qualify for EB-2, you have better chances of going w/ a new employer so that you have 12 years of work experience. There are other factors that determine whether its EB2 or EB3, but this is one of them. It also comes down which employer wants to sponsor the GC and how long you want to stick around w/ the sponsoring employer.
7. For EB-2 you will need to have at least 5 years of progressive work experience related to the offered GC job (experience at current employer doesn’t count). All others go to EB-3. Although you may still have ~5 years of work experience outside of current employer, but it will become a borderline case and USCIS may want to look at all previous experience letters to be sure that you have that experience. It’s up to you.
Hi I am a student from India, I came to USA 2 years ago. I did Master’s in Computer Science. I am on OPT now. I would be joining desi consultancy soon who would train me and placa me and do my H1 after 2 years and also Green card after that. Can I know the cons and pros of desi consultancy when I file for H1 and when i file for green card later?
Hari,
You need to be really careful about the employer. Desi consulting companies are often subject to close scrutiny by USCIS and can delay H-1/GC processing or eventual denial.
Hi,
My spouse and I are working in the US on L1 B visas from our respective companies.
Can I now have my L2 processed by producing my marriage certificate while I am still working on L1 with out travelling back to my home country?
I mean, I do not wish to change my status to L2 right away but have a valid L2 for me to change to later if required?
Thanks,
MK
MK,
That’s not possible. If you want to move to L-2 then COS needs to be filed, and your status will change to L-2 from COS approval date. So you cannot file it unless you want to move to L-2 from COS approval date. Later, whenever you want to move to L-2, you can file COS from L-1 to L-2 and will be on L-2 from COS approval date.
Currently I’m in US holding L2/EAD, I got an offer from a company to work full-time
in H1B visa. So they had applied H1 PP in April and it got approved now, as we had plan
to go to India in June and return to US in August, which we had mentioned while filing my H1. So they did NOT file for change of status, rather filed it as new petition.
Now I need to get my H1b stamped before work for this company, so my questions are,
1. If I go for H1B stamping in July, still it will be valid only from Oct 2012. So will my L2 visa
valid till then? or will they cancel L2 when I go for H1 visa. In that case, I can’t enter US till Sept 21st
2. Or can I come back to US in L2 visa without going for H1 stamping in August, and
can I apply for COS to H1? will there be any issue not going for stamping while holding approved H1B petition?
We are really confused now, what’s the best option? Pls advice.
Thanks!
Christina,
1. When you go for H-1 stamping, they can cancel L-2 visa stamp when approving H-1 visa. Yes, if L-2 visa stamp is canceled, then you cannot enter until Sep 21. If L-2 visa stamp is not canceled, then you can enter on L-2 visa, but your status will remain L-2. To move to H-1, either COS to H-1 needs to be filed, or you need to enter on stamped H-1 visa
2. Yes, this is possible. You can enter US on L-2 visa w/o going for H-1 visa stamping and then file COS to H-1.
Although it is too late now but your original petition should have been filed w/ COS. You could have traveled outside of US, entered on L-2 and still be on H-1 from Oct 1 based on previously approved H-1 COS.
Saurabh,
I am currently L1 Visa which expires by 12Aug2012 , My company has started the process of H1B filling . On my recent entry to US i got I-94 with expiry date of 01March2015
My question:
1)Whether i need to exit US before 12Aug2012 or can i stay since my I94 only exires in 2015
2)if i can stay, is it leagal to work with expired visa
Bobs,
1. You can stay and work on the basis of your I-94
2. Visa is only an entry document and holds no significance once the person has entered US. In case of L-1, you can continue to work on the basis of I-94.
Are you on blanket petition?
Hi All,
I am MBA and Btech in Electroincs with 6 yrs of experience as PM/BA in Computers and I have valid H4 Visa, but I am looking forward to apply for H1B visa. Can you please advice me would it be better to apply from India or from US. In case I apply from US as per the new Immigration law do I need to come back to my home country for getting my H1B stamped or I can just start working from 1st October.
I understand that this information can not be shared on this forum but I will appreciate if someone can send me the details of consultants who has successfully filed H1B petitions for yourself or your friends/family.
Hi,
I am working for CompanyA in L1B visa and the visa+i-94 is getting expired by 10-Sep-2012. Company A will be applying for i-94 extension by around End of August-2012. I have got a job offer from CompanyB and they are going to apply for L1 to H1 transfer by this month. If CompanyB applies for L1 to H1 transfer by May-2012 with effective date as 1st Oct 2012 and my current employer (CompanyA) applies for i-94 extension by end of August-2012, some of the consultants are stating that if H1 gets approved prior to the approval of L1B Extension (/i-94 extension) , then the L1B Extension will make the H1 to be void and L1 to be the latest status. I have the following questions:
1. Will CompanyB’s H1 approval with effective date as 1st Oct 2012 will go void and unusable?
2. Will the approval of H1 visa (applied through premium processing) impact the approval of my L1B extension (which i need until end of september to keep my stay in US to be valid between 11-Sep-2012 and 1-Oct-2012)?
Your earliest response would greatly help me proceed with appropriate path.
Thanks,
Sara
Sara,
1. H-1 will remain approved, but your status will change to L-1. To go back to H-1 status, you will either have to file H-1 COS or enter US on stamped H-1 visa
2. Usually H-1 approval doesn’t adversely impact the outcome of L-1 extension. Your L-1 extension would still be subject to regular L-1 requirements
Hi Saurabh,
Thanks so much for the quick and clear response.
Based on your answers, I have the following questions:
1. How long does it usually take to apply for the H1 COS to get processed once it is initiated and whether there are any PP method for H1 COS?
2. Can the new employer (CompanyB) apply for H1 COS right after the current employer (CompanyA) applies for the L1 extension, or should they wait until the L1B/i-94 extension gets approved?
3. Is i-94 extension on L1B same as L1B extension or are they both different?
Thanks so much for all your help for all the visa related questions that were asked in this website.
Sara,
1. If it is to the same employer who filed initial H-1, it’s just COS which doesn’t have PP service (normal processing takes around 2-3 months). If it is a to a different employer then it’s COS + H-1 transfer, which has PP service available.
2. They will have to wait for L-1 to get approved. Here is how it will play out:
– while you are on current L-1 -> status = L-1
– while your L-1 extension has been filed but Oct 1 not reached -> status = L-1
– while your L-1 extension is pending but Oct 1 has passed -> status = H-1
– while your L-1 extension is denied but Oct 1 has passed -> status = H-1
– while your L-1 extension is approved but Oct 1 has passed -> status = L-1 (this is when H-1 COS needs to be filed)
3. When extending the I-94 only that document is extended. When extending the L-1, one is referring to both I-129 document and I-94 extension. Loosely they refer to the same thing
Hello Saurabh
I’m workin on L1B and my wife is working with L2 EAD. Now her company wants to do her H1b. Could you please help me with following questions.
1. If decides to quit the company and she needs to go back to L2 from H1, I understand that she needs to file the I-539 COS and the COS takes 2-3 months time. So could you please tell me how much time she can stay in US after she quits the job and before she gets her L2 COS approved.
2. Also if someone takes vacation with Loss of Pay while being on H1b visa for 3-4 months. Do you see a problem with this?
3. How can we file COS ..can you do it using uscis website?
Thanks
Chandan
Chandan,
1. Yes, I-539 needs to be filed and it would take 2-3 months
2. This can be questioned by USCIS as lot of people do this to cover-up bench period.
3. I am not sure if e-filing is available or not. If not, you can download the form and send the application to USCIS office
Thanks Saurabh for your quick reply. Just to add to my question#1, could you please tell me how much time does she has to do the COS to L2 after she quit her job (she was wroking on H1B status).
Chandan,
I read somewhere that USCIS expects one to maintain their current status until COS petition gets approved. In that sense, your wife is supposed to maintain H-1 status until L-2 COS gets approved. However, I don’t know how strictly this is enforced. You will have to check w/ an attorney. In either case, she should be in valid H-1 status at least when the COS is filed.
Hi Saurabh,
I appreciate all your help.
I am currently on L1 visa and planning to bring my wife on L2 visa. My company is filing H1 visa for me but they have not added her name on to application as dependent [H4]
a. is it not possible for company to apply H4 if dependent is not in US?
b. Is it necessary that H1 should be first approved before H4 can be filed?
c. If in case she arrives in US on L2, can we file her H4 after my H1 application is in
process but not approved, does it impose any risks on my H1b which is in process?
Raskin,
1. They cannot unless she is in US
2. If she is in US, then her H-4 can be applied along w/ your H-1. However, if she enters on L-2 visa then her H-4 COS needs to be filed immediately so that she can be on H-4 once you move to H-1. You will have to check w/ your attorney on how to time this so that she doesn’t go out of status
3. Refer (2)
Thanks for this wonderful forum.
Thanks for this wonderful forum.
I am currently on L1 status and I found one employer to file H1 for me this year under 2013 quota. I have my wife on L2. My employer told me, he will do my wife’s H4 only after getting my H1 approval (h1 is on regular processing). Is there any risk in this case ?. Since my H1 would take another 3 months to get approved ( may be Aug / sep) , will I have enough time to file for H4. Will she go out of status on OCT 1st, if I didnt get her H4 approved?
Thanks in advance.
Scotty,
Yes, there is a risk. Let’s say your H-1 gets approved on Oct 15th. Your status will become H-1 from that date. Also, from that date your wife’s L-2 will cease to exist as you would have moved to H-1. She will have to immediately leave US and return on stamped H-4 visa. That is why it is highly recommended to file both H-1 and H-4 together. What is your employer’s aversion towards filing the H-4 along w/ your petition?
Thanks Saurabh
Hi Saurabh,
How many days does COS from L1B to F1 takes . Is it 2 months or what is the least duration for the whole process i.e. getting Approved F1.
Is there any premium process for COS from L1 to F1 ( As H1B premium process?)
I got admission in college but they want approved F1 status to enroll to classes, with COS receipt they are not allowing to register for classes , I am in very bad situation. Please help me with your expert advice.
Saakshi,
COS takes around 2 months. I don’t think there is PP service just for the COS.
Why can’t you start classes on H-4, and then get enrolled on F-1 once your COS is approved.
Hi Saurabh,
I am currently working in the US on L1 B visa from my company. My husband is also working in the US on L1 B from his company. I would now like to apply for a COS to L2 and EAD due to personal reasons.
Can I apply for COS L2 and EAD simultaneously? Will I get them both together?
Should I quit my job with my current employer if my EAD gets delayed?
How can I continue to work with my current employer while I move my status to L2?
Thanks,
Manz
Manz,
I don’t think you can apply them in parallel. Once L-2 gets approved, then you can apply for EAD. You can work on L-1 until L-2 COS gets approved. You will then have to stop working, and can commence again once EAD gets approved.
Hi Saurabh,
Thank you for the response.
Just one more thing.. Should I quit my job or going on loss of pay/ unpaid leave will also be considered as not working?
Thanks,
Manasvi
Manz,
I think it will be ok to go on unpaid leave and later join the employer once EAD gets approved.
Thank you Saurabh.
Hi
1. I am on H4 now.I got admitted to few schools and chose one(SCon). Wait listed in my dream school(SWL). I am going to confirm in Scon. But I really feel its worth waiting for SWL. And both of these college admission is for FAll2012. So is there any complications to deny the admission after accepting in Scon.
2. Both the courses are short term courses . One is a 9 month and other is 12 month course. SO if I apply for COS will there be any complications for OPT ,if it takes some 4-6 months for getting sanctioned.I can start my studies in sept as I am in H4. Will you advice that ?
3. If everything goes well, and I got COS, Will there be any issues in travelling to India in Dec( My bro is getting married.. Really love to attend).Is there any chance that they can reject my visa? Is there any complications?
I am so much confused pls help me..
Thanks in advance .
Hi,
I’m changing my status from L1B to F1.
While filling up the I-539 form I’ve got a question. The Part 3 question 1 is:
“I/We request that my/our current or requested status be extended until
(mm/dd/yyyy):”
I feel that it’s related to the Extension (as i-539 can also be used for extension application).
Do I need to fill it as N/A or the date just before by course starts (start date in the I-20 will which my current L1B will be applicable).
I’d appriciate any reply.
Thanks,
Arijit Deb
Arijit Deb,
The question is how long do you want to stay on F-1 status i.e. end date of F-1 status. If you are doing a 2 year course, then you can ask for 3-4 years (taking course + OPT into consideration).
Thanks for the reply Saurabh!
I have one more question.
Is it tru that I have to maintain my current visa status till my COS is approved? I’m planning to resign my job before I start my study. I understand that once I’m no longer employed, I wouldn’t have my current L1B status. So by the time my class starts, if the COS is still pending, what happens then?
Could you please explain this situation? And do you have any suggestion? (my current L1B status is valid till March 2013).
Thanks,
Arijit
Arijit Deb,
As per USCIS, until COS gets approved, your status remains the prior one and you need to maintain that status. In this case, until F-1 gets approved, your status will remain L-1 and you need to maintain the same.
Hi Saurabh,
I am currently on L2 visa and working on EAD (I-94 & Visa valid till July,2012), my Husband’s has L1 visa (valid till July 2012) but I-94 till 2014, so I have applied for I-94 Extension.
Now my husband’s company has filed for his L1 to H1B visa, based on my this situation request you to please help me with these queries –
1. What will be my status from the day my husband H1B gets approved – will my status changes to H4 from Date of approval or date of stamping?
2. If I want to continue working – what all options do I have? can my company file for L2 to L1 conversion? do I have to leave US and go to India for getting L1 Visa?
Appreciate your help!
Anu
Anu,
1. This will not happen automatically. The employer needs to file COS for you as well from L-2 to H-4
2. They can file for L-1 only if you qualify for L-1. Else, they can file H-1 for you. The requirements for L-1 are that you should have worked for the employer for them for at least 1 year outside of US in past 3 years, and your work involves use of employer proprietary tools/applications/skills/technology.
Hi Saurabh,
Thanks for this wonderful forum.
I have a COS status. I am currently in the US on a B2 (Visitor visa). Can I do a COS from B2 to H1B without leaving the country?
Seema,
Yes, it can filed but there can be complications. USCIS can ask your intent of using B-2 visa and then filing COS, or if B-2 gets expired even before H-1 is filed.
Hi,
I am confused regarding my status in the U.S. I hope you can help me out.
So last year I applied for PRE-COMPLETION OPT (Part-time). Therefore I have an EAD card that expires on June 2012. Ever since, I had been working with my employer, who later sponsored me the H1B visa for FY 2013.
However, I just got the confirmation from my school that my work authorization ended on March 2012, along with the end of my study. The school however issued me the CAPGAP I-20 form due to my H1B application.
Here’s the question:
– Can I work during this CAPGAP period? The school wasn’t sure and advise me not to work and check with my lawyer. The lawyer said I have to check with the school instead. I am not sure which way to go. Please help :/
Hazel,
Cap-gap comes into picture only if you were in valid F-1 status at the time of H-1 application. If your work authorization ended prior to H-1 filing, then you do not get cap-gap for work authorization. In that terms, H-1 was filed during the 60 day grace period. This gives you cap-gap to continue to stay in US but not work. Did you not apply for post completion OPT?
Thanks a lot, Saurabh. According to the school, I am not eligible to apply for the post completion OPT because I had applied for the full of the eligible one year pre completion OPT (although I didn’t use all of them – 8 months only).
Hi,
Please help or advice..My H4 is expring on June 30.I have filed a change of Status from H4 TO H1 b.I received the approval notice I797 with attached I94 effective from 0ct01-2012.
Should I now apply for H4 extension and or how do I bridge the gap from June30 to Oct1 2012.Then if I apply for H4 extension then the H1 will be overwritten by H4 again and I have to again file an amendement from H4 TO H1 which is again filing h1b WITHOUT QUOTA.Or can I apply H4 extn till 30-SEP-2012 so that H1 cannot be overwritten.
plEASE ADVICE
Hi,
Please help or advice..My H4 is expring on June 30.I have filed a change of Status from H4 TO H1 b.I received the approval notice I797 with attached I94 effective from 0ct01-2012.
Should I now apply for H4 extension and or how do I bridge the gap from June30 to Oct1 2012.Then if I apply for H4 extension then the H1 will be overwritten by H4 again and I have to again file an amendement from H4 TO H1 which is again filing h1b WITHOUT QUOTA.Or can I apply H4 extn till 30-SEP-2012 so that H1 cannot be overwritten.
Please suggest what should I do.
Lucy,
You can apply for H-4 extension for just 3 months from June 30 to Sep 30. This way you will remain on H-4 for that period, and then be on H-1 from Oct 1.
hi. i need reponse. iam in B-1 status now. can i request change of status to H-1b to start employment in October 01, 2012. what will happen to my lawful status that expires in June? Will i be automatically status if my H-1b change of status gets approved to begin employment in October ? or do i need to file for a B-1 extension until october to cover taht gap from June to October?
PLEASE HELP!
Hi, I have a question since I will be filing for H1b soon with COS from L1b how does it affect my petition while traveling to India during that time? And does filing for PP and getting a quick response from USCIS help in getting my India plans to materialize?
XYZ,
If you leave US while COS is pending, then the same will be abandoned. So you will return on L-1 and will remain on L-1 even after Oct 1. If you leave US after COS has been approved, then you can still return on L-1 and be on H-1 from Oct 1. Filing w/ PP helps in ensuring that your COS gets approved before you leave US.
Hi Saurabh,
I am currently on L2 visa with end date as 8/17/12 and today I got my EAD with the same end date. However, I have my I-94 till 2015. What are the current options for me to work in US? I was hoping if I get EAD for more time, I could start working with EAD and apply for H1 and change the status after Oct 2012. But now as I dont have overlap time, what options could I try? Please give me ur valuable suggestions.
Thanks in advance,
Arun
Arun,
Your spouse can go for L-1 extension, and once approved you can apply for EAD extension. However, they should have approved EAD until I-94 expiration date.
Arun,
Also, you can talk to a lawyer if you can contact USCIS to approve EAD until I-94 expiration date. If that is done, it would take care of your problem.
Hi Saurabh,
I have a query. I am applying H1 for my spouse (currently on dependent visa) with COS in premium in a couple of days. 2nd Company (far better than 1st one) is also interested to apply the H1 with COS but not in premium.
1. If 1st COS is approved and 2nd COS is not approved or abandoned (as we are tarvelling out of US in Aug and coming back on 1st week of sep), then from 1st Oct what will be the status ?
2. If status will be H1 from 1st Oct based on 1st company’s petition, then Can my spouse work for 2nd Company on the basis of approved COS from 1st Company ?
We want to avoid this situation and more inclined to 2nd company, so planning to go with only one company but in worst case if we apply through both would like to know abt the final status in above scenario.
Appreciate your help and Thanks in Advance.
Sheel
Sheel,
1. If 1st COS is approved, and she returns on H-4 visa prior to Oct 1, then she would be on H-1 from Oct 1 (on the basis of 1st COS approval).
2. I think so, but you will have to check w/ an attorney to be sure
BTW, PP cost can be paid by your wife as well. So if (2) doesn’t work out, you can pay the PP fees so that B’s COS also gets approved prior to you leaving US.
Thanks Saurabh..
Your advice is always helpful.
Sheel
Hi, I tried to find an answer for my question, but couldn’t, I am really worried,
so I really appreciate if question could be answered!
I am on L1 visa and my husband is on L2 visa, his Company will apply for H1b,
but they’re requesting my pay stubs (L1 pay stubs), but I don’t have, because things didn’t work as I was expecting so don’t have any to present.
My husband (L2) has the pay stubs from the company he is working now (with EAD),
I would like to know, if is really mandatory to have mine pay stubs?
What should I do if I don’t have?
Thank you very much!
Mary,
USCIS would like to see if the husband was maintaining status on L-2 when reviewing his H-1 application. L-2 visa status is determined from L-1 visa status, and so they need your payslips for the same. I don’t know the exact reasons why you don’t have the payslips, but you can explain the same to the attorney and see if they has any workarounds.
Hi Saurabh,
In how many days do we get receipt number after changing H1B into Premium Processing?
Jhansi,
The employer/attorney should receive the receipt number within couple of days through email once it has been upgraded to PP.
Hi Saurabh,
Applied for H1B normal process on 16th April, 2013 and didn’t receive receipt number yet. Can we do premium now without getting receipt number?
Jhansi,
I am not sure if it can be upgraded to PP w/o receipt number. When completing the PP form, it asks for receipt number. Did your employer follow-up w/ USCIS about the receipt number?
Hi, i have a problem
IF i apply change status from B-1 to H-1B, does employment needs to begin october 1, 2012? and If it does, am i automatically covered with status from June 12 to October 01, 2012? or do i need to apply for extension of my F-1?
I have baclerlos degree and my educaitonal credentials have been evaluated to be a degree in the U.S. Which one should i apply first for? my extension fo my F-1 or my change of status from F-1 to H-1B
I am from Iran and i don’t want to go back home and this opportunity of employment just came up.
SUNSHINESTATE,
If it gets approved w/ COS (i.e. 797 copy comes w/ I-94 attached), then you will be on H-1 from the COS approval date (typically Oct 1).
You are on F-1 status right now, correct? If H-1 is applied w/ COS w/ start date of Oct 1, you will become eligible for cap-gap. This allows you to stay in US on F-1 status until Oct 1 or H-1 denial date (whichever is earlier). So no need to file F-1 extension in this case. You can discuss the same w/ your DSO or attorney as well.
i am not on F-1, am on B-1 STATUS AND expiring on JUne 12. what should i do?? should i file my extension of b-1 first before i file for my H-1b
SUNSHINESTATE,
If you are on B-1, then your COS would probably not be approved as I-94 is expiring in June. You can go for B-1 extension, but USCIS will ask the reason for extension.
hi. i need reponse. iam in B-1 status now. can i request change of status to H-1b to start employment in October 01, 2012. what will happen to my lawful status that expires in June? Will i be automatically status if my H-1b change of status gets approved to begin employment in October ? or do i need to file for a B-1 extension until october to cover taht gap from June to October?
PLEASE HELP!
You will need to apply for B1 extension to cover the gap.
hi
how long does it take for COS from f2 to h1? and what is the fees for that.
Sup,
It can take 2-6 months. The fees is same as for any new H-1 petition. You can read about it here.
Hi Saurabh,
Thanks for wonderful service. Greatly Appreciated.
My L1B Visa is expiring on sept3, 2012, I requested my company for an status change to H1B. I got the I-129 approval notice by today and valid till 30-Sept-2013. Please let me know that i don’t have visa from 4-SEPT-2012 t0 30-SEPT-2012, Do i need to extend my L1B Visa expiring from sept3, 2012.
I94 Expiry: Sept 3 2012
VISA Stamped Date: Oct 22, 2010
Date of Entry to US: Feb 27, 2010
Thanks,
Sharan
Sharan,
I think you should file L-1 extension to cover for those 20 odd days. You should also check this w/ attorney if this is required or optional.
This is the 2nd case where I have seen COS approval w/ L-1 I-94 expiring prior to Oct 1. Makes me wonder are they relaxing the I-94 coverage until Oct 1 when approving H-1.
Thanks for your answers; Can you please help me with my questions below.
I am on L2 visa and with EAD i joined a company as full time employee.
1. The company filed my H1 as a COS in last year quote (October 2011) and in march, 2012 i got an RFE.
2. Since my visa L2 was expiring (April, 14, 2012), and my H1 didn’t come through, I filed for L2 extension with my husband. Mean while, I worked on my RFE and sent the response to USCIS
3. My L2/L1 was approved on April, 12, 2012 and my H1 was approved on April 19, 2012. Now I will have two I94s
My questions are :
1. Will I be on H1, since that is the latest approved I94
2. Do I need to go for a stamping or can i just ignore my L2 I94 and join back to work with H1 I 94.
thank you.
best
paddy
Soon as your Change of Status from L2 to H1 is approved, your status changes to H1 , L2 is no longer valid, your L2 I94 is the valid I94.
cheers
SP
there was an error in m last message , your L2 I94 is not valid.
If you need to travel out of USA and re enter you need to get H1 stamping.
Thanks
SP
thanks Shankar.
So the fact that I applied for L2 extension is irrelevant, since my H1 is approved after my L2 – am I correct?
Paddy,
That is correct.
Hi,
Assuming that I will get my H1B stamped by june-july through Premium processing, is it legal to work here on L2 visa with EAD till August, then stay on F2 visa in August and September and finally start working on already approved H1B from 1st october? Do I need to do anything to get the status changed from F2 to H1B?
Jhansi,
Depends upon the order in which these get approved. So you can work on L-2 till Aug. If F-2 COS has been approved for Aug, then you can be on Aug and Sep. Thereafter, your status is determined by which petition was approved later. If H-1 was approved prior to F-2, then your status will remain F-2 and F-2 to H-1 COS needs to be filed. If H-1 was approved after F-2, then it will become H-1 from Oct 1. Also, your spouse status needs to change along w/ yours (he needs to move to F-1 when you move to F-2).
Lots of moving targets. Be careful and consult an attorney to be on the status of choice from Oct 1.
Hi Saurabh,
Great Explanation!! Thanks a ton!!
Can we apply F2 to H1 COS before Oct1?
Jhansi,
Yes, it can be applied as long as you are maintaining legal status at the time of this application.
What are the chances of getting approved/rejected if we take PP for H1B?
Jhansi,
Same chance had you not opted for PP.
Can COS applied only with Vaild visas(L or H).Can it be applied based on I94
What happens if COS is rejected and L or H Visa is expired.Can i still stay with I94
AG,
COS is applied on basis of I-94 only. So it is possible that stamped visa in the passport has expired, but one can still file COS as long as I-94 is valid. In case of COS denial, the person remains on the previous visa status and previous I-94.
Hi Saurabh
Looks like i missed my H1 processing This year.Now i have visa till Aug 2nd.I have I94 till 2014.My company is ready to file the L1 b extension ,but are insisting me to stay in i94 as there are more L1 rejection now.
Which one is better Should remain in I94 or ask my company to extend by L1B Visa
If i stay in i94 will it impact by H1B Processing or GC processing in future
If i go for l1b extension if it gets rejected,Can i stay in the 194 or i how many days i have to return back
AG,
A person on L-1 can continue to stay and work on the basis of I-94. So you can do that. However, if you travel outside of US, then you will have to go for L-1 visa stamping as the current visa stamp is almost expired.
Hi,
My OPT expired in December 2011 and my H1 got denied yesterday.What are the options do I have? I am thinking of re-applying for H1.
What will be my status until my H1 gets approved?
Do I need to join college until H1 gets proved?
Please give me some advice.
Thank You.
Ranse,
I am not sure whether you still get 60 day grace period since your OPT expired in Dec 2011. If you don’t get the 60 day grace period, then you should leave US ASAP. If you still have the grace period, then you can move to another school or file H-1 w/ COS and be in cap-gap status. You should check w/ DSO or attorney if you are in the 60 day grace period or not.
Surab,
thanks for your helping
1 i have completed my B.C.A in year or 2001 May(from duration 2001 to 2003 i have prepared for Gate coching.
2. then i did M.C.A From Sikkim Manipal university(Distance) in 2006.
3 then i got placement in the one of Top indian M.N.C in 2007 till working in one of the Best M.N.C4.now I having 5+ year of exp in sowftware Testing.
4.Iam planning to apply H1 B visa. i have two years gap between B.C.A and M.C.A(2001 to 2003)
5 should i elgible for H1B to apply. i need give any supporive doucment during that time.
raju yadav,
To be eligible for H-1, a person needs to have education at par w/ 4 years of US Bachelors degree. At a high level you look to be qualified, but you should still need to get education equivalency done. For this process you will have to submit your degrees and marksheets, and the agency will tell you what’s the US equivalent of your education. In case you have less than 4 years of equivalency, then you need at least 3 years of relevant work experience for each missing year of education.
Dear sourab,
iam having 6 years of experience IT working for Indian TOP MNC.Coming to my education i did (B.C.A) and then i have completed M.C.A through sikkim Manipal univerity.
Iam planning to apply H1B visa.
my query is how the 16 years of education will calculate.
i will it consider my M.C.A else only take into consideration only my experience
Prakash abbi,
They will include both BCA and MCA to get the 4 year US Bachelor equivalent. If you have 4 years equivalent, then it is all good; else you will need to have at least 3 years of work experience for each missing year of education.
Hi Saurabh,
I appreciate your patience to respond people.
I am on L1 currently and planning to file H1b visa soon. My wife is expected to travel on dependent visa in June/July. My COS will be applicable from October 1, 2012
If she goes right now on stamping [while my H1b is in process of approval] and then travel before October will she face any problems during stamping or at port of entry?
Sudha,
It will be fine to go for stamping and then travel to US on L-2 visa. However, she will have to file COS from L-2 to H-1 as your status would be changing to H-1 from Oct 1. The other option is to delay the travel till Sep-Oct and she travels to US on H-4 visa after going for the visa stamping for the same.
Can the COS be done upon she entering in US after 01-Oct-2012? The rationale behind this is, L2 approval and travel expenses borne by L1b employer which is not case with H1b employer.
Sudha,
Yes, this can be done. However this needs to be done ASAP so that the status becomes H-4 from Oct 1 as you will be flipping your status on that date. Work w/ your attorney on this, so that it gets filed timely.
Hi Saurabh,
As of now I am on L1-b visa and it is going to expire by July 20, 2012. I have applied H1-b 2012 with COS status and got RFE for that respond by June 10. I am planning to send it in couple of days. My question is if USCIS couldn’t complete decision before my visa expire date, what would be my situation. Do I need to leave the country?
Please advise.
Raju,
In either case you will have to leave US as there will be no valid I-94 b/w July 2012 and Oct 1, 2012. One can stay in US only if they have a continuity of I-94, which you don’t have in this case.
Saurabh,
Apologies for not providing complete information. I applied last year H1-B quota in November just before the closing.
Please review my question and advise.
Raju,
As the status doesn’t change until your COS gets approved, I would suggest upgrading your petition to PP so that you get the response quickly and don’t have to stay beyond L-1 expiration date.
Hi Saurabh,
I am currently on L1 and planning to get filed H1b without COS. Upon approval of H1b,
1. what would be expenses to do COS from L1 to H1?
2. is there a possibility of COS denial [I am maintaining legal status throughout my stay in US]
3. How long will it take to get updates on COS? [When can I start working, can I start working as soon as COS is filed?]
Saurabh,
1. Around $320. You can check the filing fees for I-539 application form on USCIS website
2. Then there should not be an issue. They may also ask for documents to show that your H-1 employer has a real job for you after COS approval
3. You can work after COS approval, which can take around 2-3 months
Hi,
Am currently on h4 visa and planning to get H1b filed this year.
Can I travel to India on h4 and come back to US in november on h4 assuming my h1 is approved?
Can I start working from november ?
Thanks
Sudha
Sudha,
If you return to US in Nov on H-4, then you will remain on H-4 visa. To move to H-1 visa and start working, you either need to get H-1 visa stamped from a consulate or have COS filed from H-4 to H-1.
Saurabh,Thanks for your time…
To add on to that question,Can I start working after filing the COS or only after it gets approved?
Thanks
Sudha
Sudha,
You can start working only after COS gets approved as the status needs to be changed from H-4 to H-1.
Hi Saurabh,
My spouse is in US on H4 Visa and we are planning to file H1 in a couple of weeks. She never had a H1 earlier.
Question: While filing for the 1st time H1, do we need to fill I-539 for her COS ? As the company applying for H1 told us that is not reqd and there will be an option in I-129 for H4 to H1.
Thanks in Advance for you help and suggestions
Vikki
Vikki,
This is correct. No separate I-539 is required when filing this H-1 petition. If you look at I-129 form, there is an option asking if this is a change of status and employer can select that for her.
Hi Saurabh,
Thanks a lot for answering questions.
I am currently working on L1 visa in company X, company Y [say consultant] files H1B for me and it gets approved. However I do not join consultant Y at all and neither file COS. I return to India and my spouse gets
H1B and get it stamped either in India,
a. If I decide to come as her dependent on H4 will my H1 be revoked?
b. Upon entering in US, can I search a job on H1 [approved earlier and valid for 3 years]
Akshay,
1. No
2. You can search for another employer, and they can file cap-exempt petition for you (aka H-1 transfer). They can also file COS along w/ the petition so that you can start working on H-1 once the petition gets approved.
Need more help with this,
Q: Upon entering in US, can I search a job on H1 [approved earlier and valid for 3 years]
A: You can search for another employer, and they can file cap-exempt petition for you (aka H-1 transfer). They can also file COS along w/ the petition so that you can start working on H-1 once the petition gets approved.
Further Questions:
1. Also, I would be entering in US on H4 and not H1. Sorry if my Q was ambiguous
2. How long does it take for cap-exempt petition(aka H-1 transfer) to get approved after filing?
3. Also is it necessary that I should work with employer with which my H1 approved before H-1 transfer can be initiated
Akshay,
1. My previous response is still valid even if you enter on H-4
2. Regular processing takes 2-6 months, while PP takes 15 calendar days (not including RFE time)
3. Not a requirement as you will be entering on H-4
and PP stands for?
Akshay,
Premium processing. Costs $1225 more than regular processing.