H1B w/COS start date. Can it be Deceber 1st instead of Oct 1st.


Please answer my below question.

Can I ask my new employer to file H1B w/COS for me with start date Dec 1st 2012?. I know typically start date is Oct 1st. I am on L1B now and I can’t leave my current organisation till end of November.

Please advise

Thanks in advance.


I think its possible to have a date later than 1st October. 1st of October is the earliest date one can start working on H1B status.



Cap is done. The employer cannot file cap-subject petition now until April 2013.

if the COS is already applied with H1 then dont we have a option to delay working after OCT ?

If COS is not applied can my employer apply COS anytime later ? i can still be on H4 without working.

If the COS is already applied and gets approved, then you will be on H-1 from that COS effective date. There are things you can do to invalidate the COS (like traveling before COS approval or returning on different visa stamp soon after COS goes into effect). But if you don’t take any such action, you will be considered on the new status.

If COS is not applied, then you remain on old status. To move to new status, employer can file a separate COS later, or you can enter on stamped H-1 visa.