H1 Filed without COS Living in USA on L1, Is Stamping Required on new H1 ?


  1. I am currently on l1b, which is valid till Dec 2013, If i file my h1b with a sponsoring new employer, can they file for l1-h1-without-cos
    and later file for Change of Status (COS) effective from Jan 2014…

  2. What would the average processting time for COS on approved h1b and is there any issue like i need to go back to my home country for h1b-visa-stamping
    as COS wasn’t applied along with H1 Petition?

  3. In worst case scnerio the new employer doesn’t agree to file l1-h1-without-cos and goes ahead with COS and during the h1b petition approval process my l1 employer asks me to return to my home country (let’s say Jul 2013)… Will my Petition processing proceed as normal, except i need to appear for stamping at my home country consulate once it’s approved as i no longer i would have an valid I94 status…

Appreciate your valuable response on this.

  1. Yes

  2. 2-3 months. If COS gets approved separately, then no need to go for immediate stamping

  3. That is correct

Thanks a lot for your response,

  1. In case my new employer goes with WITHOUT COS, and after the petition approval , Once i decide to move from L1 to H1 post Oct 1st 2013 , Does the H1 employer need to file Petition I-129 again for COS. or is there any special form just for COS.

  2. Can the COS application be expedited through premium processing ?