My wifes Change of Status from H4 to H1 under this years quota is currently under “Initial Review”, we were hoping that it would be done by this time and planned an India trip next week. We were hoping to use the USCIS interpretation of COS validity (last action rule interpretation) if we return by Oct 1st. Also our Lawyer did not want us to do Premium processing, otherwise I would have gone for it.
wondering what my options are if my wife still has to go to India next week.
a) Expect a miracle and hope to get approval in next couple of days
b) Expect that the H1 Petition would be approved as Consular process with COS being denied, and do stamping in India. (I dont favor this option)
c) Get the new H1, get back to US on H4 and apply another COS application.
d) Or incase there is an RFE. still comeback to US in H4, and submit a new I94 as part of the RFE response and still retain the legitimacy of the COS (would really like peoples opinion on this option)
Please respond to this and provide your guidance as this is urgent for me