Status saved by switching from COS to consular processing
Background
The client was selected in the 2024 second-round H-1B lottery, filed a change of status (COS) in October, and then left the United States. In March 2025, USCIS issued a NOID on the grounds that the departure had automatically abandoned the COS request.
Challenges
Without an effective NOID response, the H-1B selection and all status arrangements made so far would be lost.
Strategy
We immediately converted the COS request to consular processing, submitted a legal argument that the departure did not affect the validity of the H-1B, and used the I-797B approval notice to continue the visa process abroad.
Outcome
The I-797B was approved, and the client used it to apply for a visa at the consulate instead (NOID received 03/04/2025 · approved 04/17/2025).