If you plan to work in the US, the H1B visa is one of the most popular visa types that is used by many international professionals. Depending on where you are at the time of filing, and your preference, your employer/ H1B sponsor would choose to file the H1B petition either as a Change of Status (COS) petition or a Consular Processing petition.
This step of filing the petition comes after the H1B Registration Process. If you are filing in H1B Visa 2024 season and new to the H1B Visa Application process, you may wonder what these terms are, what are the advantages and disadvantages of each process, the risks involved and what is the common way of filing. We will cover all these topics and address some commonly asked questions at the end.
Before we jump into details, we first need to understand the general meaning of Change of Status(COS) and Consular processing from a USCIS standpoint.
What is Change of Status (COS)? Meaning?
Change of Status, commonly referred to as COS, means someone applying with USCIS to change their current visa status to another visa status, without leaving the country. If you do not know what the meaning of status is, read US Visa vs. Status, I-94 info.
For example, let’s say you enter the US on an F1 student visa to study, then after your graduation, you want to work in the US, but do not want to leave the country and transition from a student visa to a work visa. In that context, you can apply for a Change of Status (COS) with USCIS, when you apply for a work visa (H1B) petition.
Not all visa types are eligible for COS. Certain visa categories like crew member (D Visa), transit visa (C Visa), Visa waiver program, etc. are not eligible to apply for COS. For more info, you can read the article Chang of Status(COS) – F1, H1B, L1, FAQs
What is Consular Processing? Meaning?
Consular Processing is the process, where an applicant needs to go to a US Consulate to get US Visa Stamp on their passport. The applicant would use that visa stamp to enter the US and get that particular US visa status after entry into US. Depending on the US Visa they are applying to, they may need an approval notice from USCIS. Unlike in COS, for Consular processing, you need to follow certain steps such as filling out DS-160, setup an appointment to attend visa interview at US consulate, and get US Visa stamp on passport.
For example, let’s say someone want to work in US and they are living in their home country. In this context, first they get H1B approval notice from USCIS and then they will apply for H1B Visa stamping with US Consulate. This is a typical Consular processing case. Also, Green Card applications can be processed in Consular processing.
Now that we know the general difference, let’s look at them in context of H1B Visa.
What is H1B Visa Consular Processing? Meaning?
When someone says, they are applying H1B Visa for an applicant using Consular processing, they are saying that, for the H1B visa applicant to work in US on H1B Visa, they need to visit a US Consulate and get H1B Visa stamp in their passport to enter US on H1B visa. This is the most common situation for anyone filing for H1B Visa, when the H1B applicant is not living in the US. All of the applicants living outside of US are by default considered as applying H1B using consular processing. When you get H1B approval notice, there will not be any I-94 Document attached to it.
What is H1B Visa Change of Status (COS )? Meaning ?
When someone says, they are applying for H1B Visa using Change of Status (COS), they mean to say that the H1B applicant is living in the US and applying to change their current visa status to H1B visa status without leaving the country(USA). If H1B is approved with COS, the approval notice of H1B would have I-94 attached to the approval notice. It will state the Class of Visa as H1B and the start and end date of that status. See below screenshot. Also, check out Sample H1B Approval Notices with COS
H1B Change of Status (COS) Application and Travel Restrictions ?
One of the important things you need to be aware, when you file H1B application as Change of Status, is that you have travel restrictions. If you travel out of US, when your H1B COS application is pending with USCIS, they will abandon your Change of Status part of the application. So, it is not recommended to travel, if you file your H1B as Change of Status until you get your H1B approval decision.
Let’s look at how it works and why USCIS will abandon your COS application.
Technically, when you file H1B application as COS, what happens is that, you would submit your electronic I-94, that indicates your visa status at the time of filing. After the adjudication is made and your H1B petition is approved, USCIS will use the same I-94 number and update the Visa Class on it to H1B and attach the I-94 record to the approval notice. So, if you leave US, while the H1B is pending, USCIS assumes that you are abandoning your Change of Status because they assume that you would return in the same visa status at the time of filing. Also, the I-94 number also changes… so they consider it as abandoned. Hence, you need to be very clear that you cannot travel after your COS application is filed, until the H1B is adjudicated.
Each of the above have their own pros and cons. So, you need to understand the pros and cons for you to decide what suits your situation.
Advantages and Disadvantages of H1B Consular Processing
| Advantages of H1B Consular Processing | Disadvantages of H1B Consular Processing |
| New H1B : f you are living in US and applying for new H1B as Consular processing, there is no need for you to prove that you have maintained status in US. You do not have the burden to submit extensive documentation to prove that you maintained proper status all along your stay in US. This may be critical, if you believe that for some reason, you have not maintained status or violated status. Typically F1 students not working as per requirement, or having more than required unemployment days…Also, if you are in one of those Day 1 CPT colleges and you are sure that USCIS will not approve COS. Also, if you are in any other status and for some reason you ended up in a situation, where you got denial or violated status, then consular processing will be the better one as there is no need to prove proper status. Activate H1B : You have the choice to decide, when to start working on H1B. You can plan for Visa interview and everything as per your wish. No rush to automatically move to H1B status. Travel : You do not have any restrictions for Travel, you are free to travel anytime during the period, when your H1B is pending with USCIS. H1B Transfer, I-94 Expiry : If you are applying for H1B transfer after I-94 expiry, when in bridge situations with H1B RFE and denial, in that situations applying for H1B in Consular processing is helpful as you do not have to prove your status. It is the recommended approach too. | New H1B : If you are living in US and apply your H1B as consular processing, then you need to leave the country (US) and get visa stamping done in your home country or in countries like Canada or Mexico. US visa stamping has its own risks as you need to go through the Visa interview. USCIS can issue 221g for Administrative Processing and it can take a long time to clear the same. Visa stamping is must and it is an extra hurdle for you as you need to go through additional scrutiny and processing. In recent times, there are many administrative processing cases, that end up in denials. As per our 221g Tracker, at least 30% of cases (can be much more) are denied during Visa Interview. Also, you cannot work right away as you need to get visa stamping appointment and there can be delays finding dates for visa stamping. If you have restrictions that you need to continue to work without any gaps, then it can be a challenge to navigate all the dates and sort out everything. Outside of US : If you applying for H1B from outside of US, it does not matter, there is not much advantage or disadvantage for you. You have only one option, which is consular processing… |
Let’s look at the pros and cons of H1B petition filed as Change of Status(COS)
| Advantages of H1B Change of Status (COS) | Disadvantages of H1B Change of Status (COS) |
| If you are in the US and apply for Change of Status(COS), you can start to work right away from October 1st or whenever the petition is approved after October 1st. There is no need to go for visa stamping. You do not have the risk of facing a visa interview from a Consular officer and the potential risk of getting a 221g for administrative processing. | One of the biggest disadvantages of a Change of Status is the travel restriction when the H1B is pending with USCIS. If USCIS does not have premium processing in the first few months after the H1B season starts or your employer is not keen on applying for premium processing, you can be stuck waiting for approval for months and also you cannot travel during that time, so it can be pretty challenging if you have emergency travel need. Also, you have the burden to prove that you maintained status all along with your stay in the US. It can be tricky at times with F1 OPT, unemployment days, Evaluation forms, etc, including if you studied in Day 1 CPT colleges…. |
Should I apply H1B as Consular Processing or COS?
This totally depends on your situation and circumstances. Below are some common rule of thumb suggestions.
Filing H1B as Consular Processing : Below are some of the common situations to file as Consular processing.
- Not maintained proper status in US on F1, OPT, STEM OPT, Day 1 CPT
- Applied for H1B transfer after I-94 expiration during bridge situations
- Applying for New H1B in Registration / Lottery Process from outside US
- Need to travel out of the country, when H1B is pending with USCIS.
Filing H1B as Change of Status(COS) : Below are some of the common situations to file as COS.
- Maintained proper status on F1, OPT, STEM OPT.
- Maintained proper status in previous visa like H4, L1, etc.
- Applying for H1B before the I-94 is expiring and maintained proper status.
- No travel need until the application is approved by USCIS.
What are your thoughts on filing H1B ? Which is better COS or Consular processing ?
Share your experiences, questions, thoughts in comments.
Do the travel restrictions apply if you are already in the USA and have a pending h1b extension under process, and if you have a valid previously stamped h1b visa on the date of return to the USA?
Do they void my h1b extension application if I travel while it is pending?
Vinay,
Usually extensions are not impacted, but COS is impacted for sure. Usually, it is suggested to get the extension approved when you try to enter US, so that you do not have any issues at port of entry and also you get I-94 until end of the new extension.
Hi Kumar,
Need some guidance for my situation.
My company filed i140 in premium on May 5th. My h1b max out was on May 25th and my company was supposed to file an h1 extension before that post i140 approval. But on May 18th i140 got RFE and company suggested to file b2 COS instead of leaving US. So technically May 25th was last working day with company. They responded to RFE today.
Could you please guide me on what steps should I take to get my h1 work status back once i140 is approved? Thanks in advance!
Hello,
I have applied for Consular Processing H1b, when I am living in the US. But USCIS by mistake approved my petition as Change of status. How do I fix this problem and change it back to Consular Processing?
Hi, I have opted for consular processing for my h1b but I want to change it to COS. What is the procedure and how long will it take ?
Govinda,
If already filed, it is difficult. If you are in the US, again, you have to file the whole petition to apply for COS. Talk to your attorney.
Hello,
I’m currently under STEM OPT which expires in June 2024 and did not have my luck for 2023 H1B lottery .
I’d like to attend my sister’s marriage in 2023(not sure about month) and my company will be sponsoring again.
here are some of my doubts,
1)Is it safe to travel to India until March 2023 with a regular COS (assuming will return by end of March)?
2) If I get picked by end of March 2023, I heard that filing period will be in April-June , if the marriage is in summer 2023, then as per the info on this page, I should go with consular processing, does this involve waiting for the visa slot to get the H1 stamping done for re-entering the US?
Hi ,
Were to able to get answer to this? Is it possible?
What process did you follow?
Thanks
Hello Kumar,
Thank you for the informative article. Can you help me with my question please?
I came to the US 5 years ago on F1 and my child on F2. Haven’t traveled back since then, and now have H1 COS and my child has H4.
Planning to travel to our home country in December. Will we need to get our passports stamped before returning to the US. Passports still only show F1 (and F4).
Should I make consulate appointments for us?
Please advise so that I can plan our trip accordingly!
Hi, I am on H-4 EAD and it is expiring on 10/31/2022. I am in the process to start my H4 and H4-EAD renewal.
Additionally, One of the employers also filed H1B for me this year which is selected in the lottery. I have the below questions to get some clarity in my situation.
1. Will there be any issue if H-4 and H-4 EAD renewal and my H1B application is processed simultaneously? Will it matter which one gets approved first or last?
2. Will there be any issue if H-4 and H-4 EAD renewal and my H1B application (consular processing) is processed simultaneously? Will it matter which one gets approved first or last?
3. If my H1B gets approved, does the status automatically change to H1B on 1st Oct?
4. If the employer files H1B for consular processing then can i still work on H4 EAD until i go back to my country for stamping?
5. If in case of Consular Processing of H1B, Can i decide to come back on H4, H4-EAD and not opt for H1B?
6. In the case of above (#5), If it is yes, then will i still have an option to avail H1B on my next visit, meaning (will the H1B application still be valid)?
Hello Anonymous i am literally on same situations and exploring for options.Requesting you to mail me if you get proper answers fro above questions.TIA my mail id is bhavyaks87@gmail.com
Were you both able to find the answers?
I have H4 EAD and H1B consular, it got approved in 2021. But i continued to work on H4EAD as i had validity till 2023. But now it looks like H4 EAD approvals are taking longer than 11 months.
Hi Pari,
Did you find the answers? I have similar situation, need help asap.
Thanks
Hi Bhavya,
Did you find the answer? I am in similar situation.
Thanks
Sandeep
Hello
I am also in same situation and trying to find info on what to do for your queries 5 & 6.
Really need your help to find these answers, can you please share you experienc and please email me ambasta.2020@gmail.com
Hi , I’m currently on L1 visa and in US. My H1B petition was picked in 2020 lottery and I had opted for Consular processing to continue being on L1 and my H1B petition with consular processing was also approved. My L1 is expiring soon , now, can i opt for “Change of status” to H1B ? I do not want to travel outside of US now as i’m not able to find any slots for stamping
Hello,
I am in the same boat.. please let me know if you found a solution for this.. Thanks
Hello,
I file my h1b in 2020 and i got approved but didn’t receive an approval copy from company A for almost 1 year.
Then I contacted company B and company B has started the transfer process and I got h1b approved without I94. now to stay back in the USA what are the options i am having?
Hi Kumar,
I am currently working on L2 EAD and have the valid stamped L2 VISA and EAD until August 2022.
I am working for Employer A and i am working on L2 EAD VISA.
Another Employer B filed an H1B registration which was picked up in lottery in April 2021. The Employer B filed an H1B Petition on June 30, 2021.
The petition is approved with COS(change of Status) on 2nd September 2021, with an effective start date of October 1 2021.
Now I really wanted to continue my employment with Employer A on the current VISA status (L2 EAD) and i really dont wanna join the payrolls of Employer B.
Below are the questions :-
1> What are the options to avoid changing the status from L2 to H1?
2> If i leave the country on 29th September and come back on L2 status on 2nd October, Will that avoid the COS from L2 to H1B and i can continue to work for current employer without any hassles
?
3> Employer B has shared the approved copy of petition , if Employer B revokes or withdraw the petition, can i use the same approval notice for cap exempt petition for the next 6 years ?
Hi I am currently working in US on L-1B status which is valid until November 2022.Also, my H-1B petition was approved as COS starting 01 October 2021 and have received original copy of I-797A.My question is since H-1B is approved as COS can i travel outside US now or do i have to wait for 01 October 2021 to reflect change on electronic I-94 and then only i should leave US? If i leave US before 01 October will it impact my approved COS H-1B petition?
Hello kumar,
I was physically present in the US on 24th June 2020 on valid F1 status. My status changed to H1B on Jan 25th 2021. I wanted to come to India to get my stamping done. Will I be able to travel back with the Visa stamped? In other words, am I exempt from the proclamation 10052? Please let me know
Note: I was present in the US on 24th June 2020 ( F1 status)
Thanks,
Ayush
Currently in L1 and 5 years cap is expiring in dec 2021. Wife has h1. To continue to stay with family, planning to apply for COS from L1 to H4. Do I need to be in valid L1 status until my COS approved or I can apply cos just before my L1 expires? And, do I need to stop working for L1 as soon as I apply cos and quit my current L1 employer ?
Raj,
You should apply for it, when you are in proper status. You can apply for H4 COS with future date, that way you do not have to stop working randomly…
Hi Kumar,
My first H1-b was picked in lottery and now it is approved, it was a consular petition so I won’t be on H1-B until I get the stamp. I am already in US and working for my employer on H4-EAD. I want to change my employer and also want to keep my H1-B.
Can new employer file H1-B transfer in consular petition or change of status petition if it is not activated yet.. Can you suggest what are my options. Thanks in advance!
Hiral,
This is slightly grey area.
Also, the transfer may or may not be possible too, as it is not activated yet…
Discuss with your attorney at new company and if they are willing to give it a shot.
Thank you for your reply. So this means they can do it? As I talked to my new employer and their attorney recommended that my current employer should file for change of status. But my current employer is not giving my an accurate answer and trying to avoid as long as they can, as if they do it then they have to increase my salary which they don’t want to do. Please assist what to do I am struggling alot and want to switch to the new employer but can’t until my can’t until my change of status is applied and H1B is activated. Also I can currently on my OPT EAD and not H4EAD.
Hiral,
You can find a job with a new company and share your situation, they may be able to take a shot at it, if they are willing to using the previous one…
If not, not much you can do, wait for them to active. You can negotiate with them and plan exit, if they do not help…
Hi Hiral!
I’m currently in the same situation . Were you able to figure out a way ?
I am on same situation, can you please share your experience ?
Hi admin
I have a L1A visa , but my lawyers told me to apply for H1B change of status (COS) and this has been approved by the USCIS effective October 1. However, due to personal circumstances, I want to retain my L1A status. Is it possible to cancel/withdraw or COS for H1B , so I can continue to travel on L1A
Anirudh,
Well, if you have already submitted it and effective, then not much you can do now. If you have not received the decision yet, you can exit the country and re-enter on L1A visa. This way your COS part will be abandoned. Also, once you arrive, you can write to USCIS indicating your travel and update them on the same. Discuss with your attorney on this.
Thank you so much! My current employer agreed to apply for my change of status. How long will it take for the application to complete and change of status to be approved? As only after its approved my new employer which I recently received an offer will be able to transfer my H1B under them. You’re help and guidance matters alot, appreciate you!
Hiral,
If it is not in premium, it can take a long time. We have no clue. Better thing is to file it in premium
Yes, they agreed to file in premium in a day or two. Hoping to hear back soon from USCIS
Hi Hiral, was the change of status approved? please let us know.
Hi,
I have an approved I140 and live outside US. My H1B visa expired in 2018. Is it possible to apply for a renewal or extension with same employer through consular processing? Or will it be considered a new application? The distinction is important as renewals/extensions are eligible for emergency appointment at the US consulate.
Thanks!
Did you get any information on this? I am on the same boat. Trying to see if I can get renewal.
I was able to apply from outside US. However, it was considered new application (cap-exempt) not a renewal as the previous visa stamp expired. Hope it helps!
Hello,
I’ve my H1B visa approved (have my i797 letter with me) but NOT yet stamped under Consular Processing. Will I be able to switch jobs to a different company in the US and transfer my H1B before stamping?
Please advice.
Thank you. 🙂
Hey Swathi,
were you able to get it done? Please let me know as I am facing a similar issue. Thanks.
Hi,
I have a valid visa till aug 2021 with employer A.
But I changed the company in oct 2019 to employer B.
The transfer has been applied by employer B through premium and I got RFE which was submitted. Then I got NOID and the petition got denied.
Employer B has filed one more petition through consular processing on which I got RFE, which was submitted waiting for the response from past 2 and half months.
I have a personal emergency in India and want to travel to India.
What are my options to re enter US?
Thanks In Advance
Hi Kumar,
My first H1-b was picked in lottery and now it is approved, it was a consular petition so I won’t be on H1-B until I get the stamp. I am already in US and working for my employer on H4-EAD. I want to change my employer and also want to keep my H1-B.
Can new employer file H1-B transfer in consular petition or change of status petition if it is not activated yet.
Due to visa ban I cannot go to my home country and get the H1-B stamp till the end of year atleast. Can you suggest what are my options.
Can we transfer to Change of Status if needed after H-1B on Consular processing is approved?
I want to make sure I fully understand my scenario. My H1B was approved under COS. I understand that I do not need to go for a visa interview, how then will I get the stamp in my passport?
Linda,
When you go out of the country, you will apply for it. When you are in US, you do not need it. it is only needed to re-enter US.
Thanks. When you say apply for it, what do you mean? How do I apply for it. At a consulate? And embassy? I understand I don’t need it while I’m still in the US just need to know how to get it when coming back.
Linda,
Yes, you apply for Visa at Consulate or Embassy. You do not need to have valid US Visa Stamp, when you are in US. All you need to do is maintain status. Visa is only for entering US. Read US Visa vs Status Difference
Hi
I am subject to an earlier j1 2-year home residency requirement, but presently on f1. Do both COS and Consular processing require waiver of the 2-year rule for conversion to h1b? Or is it that COS can be done without waiver?
Thanks
J Chaudhuri,
I am not sure, check with an attorney or your school on this.
Hello,
My H1B application was approved recently under Consular Processing. I am currently working with a CPT authorization. Is it possible to file an amendment to change to Consular Processing to COS, as traveling and stamping are not possible under current scenario. Your insight would be highly appreciated.
Bharat,
Yes, you can do that. But, your application will be adjudicated as like a new one again, so if you were not having proper status with day 1 CPT kind of issues, you could get COS denied. So, discuss with your attorney and plan.
I ‘m working on F1 Visa with my initial STEM OPT which starts June 2020 but my F1 Visa will expire next June. If i wish to use all of my STEM OPT before changing to H1b I need to apply for STEM OPT extension and also renewal of my F1 visa each year. Would that be an issue if I already have h1b CP approval notice? Would I be issued an F1 visa then?
Hi,
I hold stamped H4 and currently in India. My H1B got selected and it was applied in Consular processing. Considering I cannot get H1B stamped after Approval due to restrictions, can I travel in H4 and apply for COS after H1B approval ? is that possible?
Hi ,
Were to able to get answer to this? Is it possible?
What process did you follow?
Thanks
Hello,
I am working on part-time CPT.It is a day 1CPT university, but I started working from second semester and only worked for 8 months in full time CPT. I got H-1 this year and case is still under received status .My employer filed it in consular processing. I have a few questions
1) Is there a way to change consular processing to COS for filed petitions?
2)If it got approved on CP can I file amendment for COS ?
3)If it got approved on CP can I keep my start date after my opt and STEM (3-4years later).
Thank you,
KC.
Hi Kumar,
If you can provide with any insight on my below issue, it would be of great help.
My husband will be moving from L1 to H1 through counselor processing and I am currently working on L2 EAD which is expiring in Sep 2021.
Since this has not been filed as Change of status, is there a way to transfer from L2 EAD to H4 without any gap in work. Also, I have an approved i 140.
Also, how long can you wait till you activate your H1B. His L1 is valid till Feb 2022.
thanks!
Shwetha,
Unfortunately, there is no shortcut here. Does your spouse has I-140 approved for you to get I-140 ?
There will be gaps, if you want to be on H4. If you want to avoid gaps, best bet is to apply for COS from L2 to H1B using your I-140 and then you can continue working without dependent on your spouse’s status.
Thanks for the response Kumar.
Yes, he does have an approved I 140, but unfortunately given the conditions now, my firm is unable to file H1 for me. Since, I did not read this article earlier, I was oblivious of the differences between two and now I think COS would have been a better option
Is it possible now to change H1 filing from consular to COS ? Also, if the visa is filed through consular notice, when at max can we go to India for stamping as his L1 is valid for another two years.
thanks for your help on this!
Shweta,
Well, maybe possible in some cases, check with your attorney. You can go anytime as long the job for H1B is available and can work on it.
Hi Kumar,
Currently on L1B, I-94 expires at 2021/1. My H1B was selected this year and filed as CP but now under RFE. Company lawyer is reviewing RFE. With current pandemic I feel it is hard to get back to my home country to get visa stamp.
Q: is it possible that the lawyer files some amendment to change filing from CP to COS at this point (filed as CP already, not approved yet and under RFE)? Or I have to wait the filing is approved to make this change?
Felix,
In general, you may withdraw the COS and make it as consular processing, but I have not seen the other way around. Check with attorney
Thank Kumar, a follow up question: if my CP is finally approved, can I submit some amendment to make it COS?
Felix,
You maybe able to. Check with your attorney to confirm. Many usually travel out..
Currently on F1, my H1B was picked and is currently being processed by USCIS. I asked my attorneys to process it as Consular Processing because I felt that I’d need to travel back to my home country while my visa was processed. However, now that I’m seeing the closure of consulates and the difficulty of getting an H1B interview in my home country, is it possible to change the type of processing from Consular Processing to Change of Status? If so, what are the pros and cons of doing this?
Jay,
The pros and cons are listed above. Looking at current situation, it is wise to go for COS as you can at least start working on H1B from October. Now getting stamping is very difficult due to delays and travel issues.
Hi,
I am filing the H-1B Change of Status now since all the consulates have stopped providing services to non-immigration VISAs. I am just a little bit worried about maintaining F1 OPT VISA here. During the first year of my STEM OPT, I was working unpaid in a school to maintain their website full-time for a few months before I get the next paid job, will they require any employment proof for my first employment?
Thanks
Tang,
USCIS may ask for it, hard to say…have all the documents, whatever you have and be ready to submit, if asked.
I am in F1 visa right now, and will be using OPT visa for a year (EAD card already delivered). Luckily I got the h1b lottery this year and will be filing my petition in June. Due to whole pandemic situation, I took a flight back to my home country and was wondering which route would be my best option. Do you think going for COS would be safer for me? It would mean that I should fly back to the US just for the sake of visa. Would there be any difference in the amount of filing/preparing documents for Consular Process? Thank you so much for your help!
Claire,
Well, it is not about safe or not, it is about your convenience. As the article says, it has both pros and cons, your decision.
There is no difference in preparing document, it is all the same. Yes, you need to be in US, if you want to file it as COS.
Hello Kumar, I am in the se boat. I just received my EAD card for initial OPT valid till June 2021. Luckily, i got selected in the H1b lottery and have asked my attorney to file it as consular processing. My question is that if i continue working on OPT with an approved h1b CP Petition and not get it stamped, Will it deduct time from the 3 years alloted. Technically, i will not be on the H1b status unless i get it stamped? Will that still start the 3 year clock for my h1 despite me not using it?
Based on what I read, one of the benefits of consular processing is that you can control the activation of H1B . So you can keep working until the last day of your status or until you get the stamp fro the consulate, whichever is earlier.
Hi Melinda, thank you for the comment. My question, however, is whether you’re entitled to 3 years of H1b status even though you get it activated a year/two after the petition is approved. I.e working on OPT EAD despite having an approval notice
Hi Belinda. I am also in the same situation. Currently on day 1cpt (f1) which will be expired in 2025. Where H1B approved in consular process (797b). If I go for stamping in 2023 will my H1B status counts from then or is already started and end by expiry date given by USCIS??
AJ,
It will not, Only your stay on H1B visa will be counted.
Hello,
I have my H1B petition (the year 2019) approved with Consulate Processing and I plan to go to Canada US Consulate (Though I’m not a citizen of Canada) for visa stamped. But you know for the pandemic, I’m not sure I can do that in time before my current F1/I-20 (STEM OPT) expires.
My question, can my employer and attorney submit a change petition to change current Consulate processing to COS?
Thank you and Wish goodness be upon you during such a difficult time.
David
David,
The general practice is to get out and get stamping done. I have not seen many situations like this, it maybe possible, if you file an amendment with COS. Check with your attorney.
Hi Kumar,
I am in the exact same situation . My company has applied for COS, but by the time COS happens , my opt EAD will be expired . So is it possible for me to continue working with receipt notice until COS has been approved ?
Please advice .
Seema,
You should be eligible for F1 OPT Cap gap until Sept 30th…You cannot work after Sep 30th.
Are you sure that I can get H1B cap gap till sep 30th even if my case got approved in 2019 under consular Processing? Please advice
Seema,
I thought you applied for FY 2020 and it was COS.
If it is FY 2019 and in consular processing, then you do not get the cap gap.
Ok thanks for the information Kumar. So what are my options? My OPT ends in 1st week of June and with no premium processing at the moment, I believe the COS will take some time for sure. Will I be able to continue working with the COS receipt notice? We don’t have a date of reopening for the consulates as well. Please advise. Thanks
Seema,
No, you cannot work as I said as you will not have H1B status and no cap gap as it is for FY 2019. Talk to an attorney and discuss your options.
Hi,
I am in a similar situation.
My previous employment ended December 31st 2019,
I got an offer letter January 9th 2020 for my new job with a none verified employer (Both jobs are in academia..so cap exempt)
They applied for my H1B via consular processing and I received the approval notice on March 16th
Before I could make travel plans or reserve appointments, travel ban was issued.
My status expired April 30th and I applied for change of status i539 and i am awaiting a response
Can I travel to Canada at this time to stamp my H1B?
Belinda,
Well, you may….Usually, they recommend to go to home country if you are going for COS stamping…If they allow in Canada, you may. Discuss with your attorney
Thank you for your response, Kumar.
Hi David, I’m in the same situation as you are. My lawyer filed the change of status petition for me in May and it got approved about two weeks later. I haven’t heard from my lawyer re next steps but hope this can be helpful to you.
Thank you so much, Dear RZ reminding me this. I will contact my attorney tomorrow.
Best Regards,
David
My H1B extension was filed on December 31st 2019 (previous i-94 was Jan 10th 2020) and I got RFE on January 6th 2020 and my company responded back to RFE on April 3rd 2020. Yesterday I got approval notice with my new I-94 end date as February 1st 2020.
My H1b is currently out of status.
My wife’s company has started my h4 process on April 8th 2020 as a backup and I have received receipt notice for start date April 13th 2020.
Note:
I got my first H1B on October 2016 and I have used it till today . So I still have around 3 years remaining.
If I get another job from New Employer say next month . What is the process ?
My understanding is my new Employer will submit for a new h1b petition and since I have cap-exempt, can I immediately start working for the new employer as soon as I get my new h1b receipt from the new employer or do I have to go to India and get stamping and come back.
I need some expert advice here.
Anonymous,
You can apply for H1B Transfer and capture your remaining time of h1B. You are cap exempt. You cannot start working immediately, if your COS to H4 is approved, you need to wait for approval. Talk to attorney and plan it out.
Thanks a lot Kumar for your response.
So Any employer who is willing to submit a new H1B petition can do it only after my H4 Approval ? Not while my H4 is in progress?
Am I understanding this correct.
Anonymous,
They may do it during H4 processing as well, that’s where the timing issues come in and need planning. Discuss with your attorney.
Hi,
I filed H1B extension on July 2019 and still waiting for USCIS response, my max-out period of 240 days is ending on 6th May 2020, is there any way to maintain the status without travelling back to home country? as travel ban in place. Please advise.
Krishna,
Well, you can be in US waiting for the approval, but cannot work. That’s the only issue.
Hi Kumar,
I have got an admission from a Good school in PhD program which starts Summer 2020 from May 4th. I am currently on STEM OPT which is scheduled to end on May 31st. My H-1 application got selected this year. I am interested to pursue PhD and also continue working as my work is Remote. What is the best thing you would do in this case?
Rajesh,
Well, this is tricky…On F1, You cannot work until you get CPT authorization. Most of the good schools do not have that option from day 1. The Day 1 CPT schools are fraud.
Now, you could consider working full time on H1B and then pursue PhD on H1B. You need to work out your schedule with your professor and plan it out. Also, working on H1B, you need to take care of LCA and stuff. Discuss with your attorney on this and plan it out.
Day 1 CPT while doing a Ph.D. is Legal. It is a State University and following all the rules from USCIS. I agree that continuing a Ph.D. while on H-1 is an Option but being on H-1, We also need to make sure about having a Job. The current situation of the economy makes us have no control over jobs.
However, One question about Consular Processing. If my H-1 was approved until Dec 31st, 2021. I have not gone for any VISA interview to activate H-1 until then. What next?
Rajesh,
If you dont mind can you share the University Name ? Most of the Day 1 CPT schools are subject to fraud, so be careful…
Well, then they need to apply for extension post that date.
Can we transfer to Change of Status if needed after H-1B on Consular processing is approved?
Hi,
I am in Day one CPT and I am planning to apply through consular processing .
I want to know about the chances of approval of H1 B through this process. Will the chances of approval vary based on how you will apply to the USCIS for H1 B ?
rohan,
It is probably the better option to go in Consular process as many with Day 1 CPT get COS denied…. I would suggest you get out of the Day 1 CPT program as soon as you can as it is a very risky move and you may be asked additional questions during Visa interview too…so, be careful and prepared ! Most of the Day 1 CPT schools are providing it by bending rules…so stay away…
Hi Kumar – I was unemployed on opt for a total of 91 days which means i failed to maintain my status by a day. I am planning to apply for counselor processing. I wanted to know if i apply for counselor processing which means USCIS won’t ask me to show the documents for maintaining the F1 status but what all check points will my application go through in counselor processing other than status check ?
Qestion,
If you file as Consular processing, then USCIS does not ask for your current status documents in US.
Will they question cpt ?
Question,
If consular processing, they may not.
Hello,
I have my STEM OPT valid until June 2021. I applied for H1B for this year with Consular Processing and got it approved.
My question is, will I be able to transfer my H1B to a new employer before getting my H1B stamped?
As far as i understood, in consular processing, my h1b starts only after getting stamped.
Please let me know how what process i can follow to change the employer in Consular processing.
Anonymous,
It is grey area, you may or may not be able to transfer before stamping. You can again ask them to file it as COS using the approval, they will be adjudicated like before and then you can transfer after you work for them for few days or weeks.
Thank you Kumar. So violation of status is not a reason to be denied the H1b visa at the consulate?
Kumar,
I have applied for H1B three times and I got selected this year. I have taken Day 1 CPT (Ph.D.) last August and by August 2020, it will be 1 year. Is it advisable for me to cancel the CPT before August 2020 and go to India to get the visa stamp and back on H1? That way I am not violating the CPT rules, right?
Ray,
Day 1 CPTs are really subject to lot of scrutiny, so I would move away from that… Yes, stop Day 1 CPT, talk to an attorney and plan out well, so that you can answer any queries that you can expect in Consulate.