If my H1 is approved but my COS is denied as iItraveled outside the US, now what is the best option to do COS without going back to India?

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If my H1 is approved but my COS is denied as iItraveled outside the US, now what is the best option to do COS without going back to India?

Asked on November 16, 2015 under Immigration Law, New Jersey

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Your employer would have to do another petition for change of status and pay all the same fees again as if it were a new COS petition to be able to get COS portion approved.  I think it would be simpler to just go for consular processing.  You may not have to go all the way back to India.  You should explore whether a US consulate in Canada would entertain your petition, as a third country national.


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