COS and new I-94

T

thikka123

Registered Users (C)
Hi,All
Iam in US on H4 status and my H1B got approved when i was in India,now i want to apply for COS but my wife never worked on H1B as she was here only for 1 month and returned to India because of ill health and now my employer has given me 2 options either to go for COS or go out of the country and get stamped and get new I-94.So can some body help me with this regard..
1.Is it safe to go out of the country for H1B stamping and get a new H1B I-94?
2.Can i apply for COS in her absence and what would be the consequences?
3.How long the COS process will take and what would be the fees if i want to go for premium processing.
I really appreciate if somebody had gone through similar experience.please kindly put your valuable suggestions..Thanks in advance
 
thikka123 said:
Hi,All
I am in US on H4 status and my H1B got approved when i was in India,now i want to apply for COS but my wife never worked on H1B as she was here only for 1 month and returned to India because of ill health and now

my employer has given me 2 options either to go for COS or go out of the country and get stamped and get new I-94.So can some body help me with this regard..

------------------- Best option go out of the country and get H1 stamped and get new I-94 at POE. It seems your H4 is based on your wife H1 and if she did not worked or is not working on H1 then you are out of status. H4 status is tied to H1 status.

1.Is it safe to go out of the country for H1B stamping and get a new H1B I-94?
2.Can i apply for COS in her absence and what would be the consequences?
3.How long the COS process will take and what would be the fees if i want to go for premium processing.
I really appreciate if somebody had gone through similar experience.please kindly put your valuable suggestions..Thanks in advance
Click to expand...

----------------
 
Mr.Ginnu,
Many thanks for ur reply.If that is the case...where can i go for my H1B stamping, can i go to neighbouring countries like Mexico or Cannada and get stamped or is it compulsory to go to home country and get the stamping done.
 
thikka123 said:
Mr.Ginnu,
Many thanks for ur reply.If that is the case...where can i go for my H1B stamping, can i go to neighbouring countries like Mexico or Cannada and get stamped or is it compulsory to go to home country and get the stamping done.
Click to expand...
I think you should ask your lawyer who filed H1 Petition. You were in India when your H1 approved and on H1 petition form (I-129) the attorney might have written Consulate. Get copy of form I-129 from your attorney and check Part 4: Processing Information item 1 and note what consulate he wrote to be notified

Here is link to form I-129:
http://www.uscis.gov/files/form/i-129.pdf
 
How long were you in the country on H4 after your wife returned to India?

What was her status in her company while she was in India?
 
Concerned4us said:
How long were you in the country on H4 after your wife returned to India?

What was her status in her company while she was in India?
Click to expand...
OP has problems with his H4 status as his wife came to US only for 1 month and did not work on H1 and left US and OP was staying in US. He need the help of lawyer.
 
My wife was in US for 35 days before she left to India and during that period she never worked .iam here from more than40 days..
Can i bring my wife back to US and apply for COS.Does it make things easier???
 
thikka123 said:
My wife was in US for 35 days before she left to India and during that period she never worked .iam here from more than40 days..
Can i bring my wife back to US and apply for COS.Does it make things easier???
Click to expand...

If she comes to US with valid Visa stamp and has job in US then she can be again on H1 status if she works for the US employer.
 
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