L1 to H1B with COS effective from Oct 1 new employment may be delayed

USA H1B Visa
1

Hi Saurabh,

I have been on L1 for the last 2 years with Emp A and have visa valid till Oct end, due to uncertainities beyong Oct end, filed for H1 with Emp B effective from Oct1 with change-of-status, and it has been picked up in lottery…

In my recent conversation, Employer B says that there could be delay in my joining date around Jan 14. Even though with L1 to H1B COS effective from Oct 1st, which of the below options are feasible ?

  1. Can i still work with my current employer on L1 till Oct end and file for L1 Extension.

  2. Is there a provision to Cancel COS ( As the appplication is still in initial review)

  3. Can i transfer the H1 once approved (efffective from oct 1) to my Current Emp or different employer, before H1 start date.

  4. After H1 approval, if i file for L1 extension under premium, will it overide the effective H1 COS.

Thanks in advance. Appreciate your response on this, as i am confused what to do next…

2

Saurabh & Team,

Can you please answer the above the query, as it urgent.

3

  1. A can file for L-1 extension. However, you cannot work for them after Oct if H-1 gets approved w/ COS. You need to start working for B from H-1 COS effective date

  2. You can leave US now and return on L-1 visa. This will abandon the COS. Or you can travel after COS has been approved and return on L-1 visa after Oct 1.

  3. Yes

  4. Depends which gets approved later. You can seacrh for Last Action Rule to know more about this.

4

Thanks a lot saurabh for the clarification…