Change H1B from CP to COS

Amazon watersmith
May 14 6 Comments

Hi I was selected by H1B lottery, but it's really pissing me off that Fragomen lawyer didn't inform or ask me, but by default change file my case as consular processing. I definitely prefer to stay in US and smoothly transition to H1B by COS (change of status) from OPT, because the immigration atmosphere is horrible now and there's huge chance my H1B VISA will be checked for long, which may affect my employment.

The fragomen paralegal told me I cannot change it after file. Is that true or just a lie to save them the work? I read I-129 form and it seems we could request amendment. I have plenty of OPT time and it won't be problem even the amend will delay my case, and I'm also willing to pay the fee myself.

So what should I do? thx

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TOP 6 Comments
  • F5 Networks / Eng <-
    Never heard CP causing any issues. Don't freak out.

    Even with COS, your visa can get rejected when you go for your visa interview. Same probabilities apply for CP too.
    May 14 4
    • Amazon watersmith
      OP
      thx. But I'm not planning to leave US at all. The issue is check time is super long nowadays, and I could lose my jobs......
      I don't need VISA right now, I need "status" to maintain my jobs...
      May 14
    • F5 Networks / Eng <-
      I'm sorry, I'm confused. You don't need to leave US until your OPT ends.

      I agree that it is a hassle to go and get it stamped right away. Esp, if you're in the last year of OPT. You probably need not have to do it if it were to be COS.

      What check time are you talking about? Why would you lose your job?
      May 14
    • Amazon watersmith
      OP
      H1B VISA usually will take 1~2 months before issued, so I will get stuck in my country for long time thus cannot work at US. Yes, I could remote work at home, if my boss is nice....But that'll still be annoying. The silly Fragomen lawyers won't ever ask me about this, and forces me to go back stamping!
      May 14
    • F5 Networks / Eng <-
      Correction, takes about 7 days to 1 month. 2 month is an anomaly.

      How would COS expedite processing H1B visa when you go for stamping?
      May 14
  • Amazon rajj
    They should mention that they’re going to file CP for you. Mine did. Maybe you did not pay attention to it. Also, you can see it on your Fragomen portal. You might just miss it
    May 15 0