Hi, I am on H4 and in USA .My petition for H4 to H1 got approved. I have to go to India for my brother’s wedding and the decision I have to make is whether I go for H1 stamping for my approved petition or do I travel back on H4 and wait till I get a project. My employer says that I’ll get a project soon after I come back from India so I can go for stamping but “soon” is a relative work and I will not like to be on H1 in US without a project. So ideal way is to fly back on H4 ad then start working on H1 when project really starts. Now the the main question is that if I travel back on H4 , then what will be the action needed when I need to start a project on H1. My company tells me that I’ll need to go for whole H4-H1 transfer again as my I-94 will change when I come back from India since my current transfer is based on current I94. Will I need (or my company) needs to pay complete transfer fees again ? Is it just the fees we need to pay , if yes , then how much time will it take to process since I already have my current petition approved ,will the H1 cap apply again or current slot will help. It’ll be great if you advise on the system.
If U travel back on H4, U must file COS and get it approved to work on H1. Other wise U can get it stamped in India and come on H1 and start working. U dont need to pay fee for COS in general. I advise U to go for stamping when U r India and come back US, because COS approval may take few weeks. U dont need to go thru any lottery, Ur H1 is already approved
Thank you mr. Rana taking out time to answer my query. I do have a follow up question. My lawyer asked me that we might have to spend a couple of 1000 dollars for COS if I travel back to US on H4 without H1 stamping. Do you think that he is talking about his fees and not what consulate charges , do you know what US government charges ? Also , my idea of coming back on H4 was avoiding the H1 stamping rejection at this stage ( I’ll do stamping when I go to India next time with paystubs from running job) and also since I don’t have project and h1s do need to have a running project and payroll to stay in US on H1. Thanks in advance for guidance you are providing.
COS fee is around 320$, and AFAIK it must be paid by employer. I am not sure why ur attorney is asking 2000$.