Can COS be applied anytime in the year or it should be before October 1st


I am on L1B and looking for H1B Sponsers next year. If somebody files H1B for me next year, and if it is approved ,

  1. Can I go for COS anytime in the next year after April 2013 / even later in the year 2014 or Should I have to do COS befor October 2013 ?

  2. does New employer ask me my willingness before filing to COS ? or they will file on their own without asking me ?

Why I am asking this question is that I want to stick to current employer till oct 2014 ( I-94 stamped till Oct 2014) but to be on safer side just wanted to have approved H1B in Hand in case of project is over and employer asks me to go back to India.

  1. Can i use 2013 approved H1B for FY 2014-2015 as well (may be with the same org who filed H1B or may be with new Org )

  2. Can I stay in US and work untill I-94 expires though I 797 is valid upto 2013 May ? ( I think yes but somebody told me that I have to go for extension if I 797 is expiring before I-94 )

  3. Are original Certificates required for H1B processing or any other processing in USA Because I did not any originals while coming to USA from INDIA ?

Please let me know

Thanks ,


  1. The H-1 employer can file H-1 w/ COS in April or w/o COS in April. In latter case, they can file COS at a later date (say 2014). So it is doable.

  2. Good employers ask their employees, but it is not a requirement. You will have to check w/ them.

  3. Yes, it can be used with same or different employer

  4. You are referring to your L-1, right? You can stay and continue to work until L-1 I-94 expiration date.

  5. Originals are not submitted to USCIS, only copies are. If your H-1 employer decides to go for education evaluation, then the agency may ask for originals (some work just off the copies).