L1 to H1 COS status change with a later start date then Oct 1st

USA H1B Visa
1

Hi,

I have checked the forum, but still need some suggestion in my case.

Currently I am workng for company A on L1, I have filed for H1 through Company B and petition is in progress. Since mine is appliced to COS , I believe my status changes to H1 effective from Oct 1st. I have a lengthly notice period with company A with huge penalty and effectively cannot join Company B though I like to by Oct 1st.

Do I have a option to postpone the COS start date to later say Dec 1st? What is the implications of it. Company B is ready to change the COS to later date as I gave these reasons .

Is it going to be an issue, as I saw lot of mixed responses so want to make sure there is no legal complication on this

Thanks

2

If you travel outside the US (even for a few hours) before the H1-B is approved, the change of status part of the petition will be abandoned. This means to switch to H1-B, you will have to get an H1-B visa stamp and use it to enter the US, but you can choose any date (after October) to do that.

Alternatively, if you wait until the H1-B petition is approved, your new employer can file an H1-B amendment to change the COS date.

Talk to your new employer’s lawyers if you can.

3

Thanks, my question is not that I need to leave the country. Rather to have a later start date. I just read some one highlight cap is reached now so amendment cannot be done. Just wanted to confirm the same

4

The cap is for new petitions. Amending an already approved petition can be done regardless of the cap.

5

Per a communication with an attorney, you get 60 days grace period starting COS effective date. So, assuming your COS date is Oct 1st, you can postpone joining the new employer, but not beyond Dec 1st.