How it will work if H1b after COS not used


My H1b petition - With COS (from L1) is in USCIS for processing.

Consider that it is approved by 07/30/2012.


Now my questions :-

1)  Can I look for other companise who can transfer my H1 and I can start working for them directly from Oct-1?


2) If I have to go back to India on Sep-30-2012. How it will work? 

    Is my H1b visa valid? Can I come back on H1b in future using this approved petition?


Thanks for all your help!



Can you please reply?


  1. Since the petition is filed w/ COS, your status will automatically change to H1B from 1st October and thus you are supposed to start working for that employer and get paid. After joining them, you may search for jobs and do H1B transfer. Once the new petition is filed by another employer and you can start working for them as soon as you get the receipt number.

    1. If you go back to India, you will have to get your H1B VISA stamped on your Passport to enter US.

Thanks Sujith for reply!

For (#1); If my COS is approved; can employer B file for H1b Transfer before Oct-1 so I can start working for employer B from OCT-1?

Thanks in advance.


Yes, company B can file before 1st October and you can start working for them from 1st October.