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H1b Approved with COS denied(need to file Ammendment)

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Hello,

   I traveled to India due to emergency while H1b processing  is pending. H1b got approved and Change of Status denied. Now my contract is over with my previous client and need to file amendment for new client location. Can i file amendment while cos denied? My opt stem valid until February 2020 And i am planning to travel to india in end of October. Do i need to go for h1b stamping before or after oct 1st through consular process? 

Could please give some suggestions, Thank you.

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Yes, amendment is independence of Amendment. You may file an H1B Amendment, and go for stamping using the Amended/Approved H1B to the consulate at anytime even before October 01. If visa is granted prior to October 01, it will be valid from September 20 (10 days early)

H1b-Approved-with-COS-denied(need-to-file-Ammendment).jpg

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Thanks for replying back,

My employer suggesting me not to go for h1b stamping in October or November when I travel to india and asking me to return back on f1 (opt ) visa. And file amendment and COS after November once i comeback.

could you please suggest me, shall i do the same as my employer says.

What’s the risk factor on above scenario.

 

thanks.

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