Cancel COS from L1 to H1

Currently I am on L1-A and H1 B Visa got approved in lottery this year.It was filed with CoS. I don’t want CoS at this point due to some personal reasons. Currently Employer need to respond on RFE for H1 B. Please let me know what are the possible ways in which we can make it to CP instead of CoS.

  • Employer suggesting to travel outside the country
  • He says there is no way we can file an amendment as it is not sure that it will go through and H1 B itself can get rejected if we try to amend.

Please let me know your suggestions.

Additional information

Consider this scenario if I go out of the country to invalidate the H1 CoS Status

If I go out of the country on Oct 3rd and return on Oct 30th (RFE Response date is Oct 5th). I can come back on L1A, This i Understand.

But What if the H1 RFE Approval doesn’t happen till Oct 30th when I am out of the country. Since H1 will get approved after I return back, will the CoS happen from L1 to H1 OR it will not happen as I was out during the RFE Processing.

Does the CoS happen only on the current I-94 and since I am traveling on a new I-94 (when I return back from India), Change of Status will not happen even when H1 was approved after my return on Oct 30th.

WIll Premium RFE processing of any help to get the response within 15 days, while I am out of the country. I heard in some forums that this is not advisable as it could lead to rejection also. Please confirm.

This clarity will be of great help

COS doesn’t happen even if H1B is approved. I didn’t work for my current employer for 2 months post H1B approval from L1B-to-H1B. COS can happen in your case only if you say to ITRS through your payroll or you travel outside USA and comeback on H1B stamping.