L1B H1B COS /Counsellor Processing issues

Hi guys,

Need some quick info , I am currently on L1b with expiry till 2017 and have applied for H1b this year. I had mentioned the legal team at the time of filing H1b petition that it should be a Counsellor Processing petition but when I rechecked the legal team told that the petition is filed under COS.

Do I have an option to keep my L1b petition till I wish to continue with my existing org and if yes please suggest the options I have.

Thanks and RedBus is a really good forum and it has been really helpful.

If your H-1 gets selected in lottery, then make a trip outside US while H-1 is pending. This will cause COS to be abandoned and H-1 will be processed w/ consular processing.

Can you please suggest if travel needs to be planned as soon as am informed about H1 lottery selection or can travel after some time ?


you can continue working for you current organization until 1st October. since as per H1-B regulations you can file h1b only if your job start date is no later then 6 months from the petition date.

if you travel outside as Saurabh suggested it will abandon your status and you can only come back on L-1 if you still have job which got you L-1 and apply for change of status on shore.

or apply for consular processing if you don’t have a job which got your L-1 and your H1-b Petition is approved.


  1. your H1-b is picked in a lottery.
  2. USCIS received your petition on 1st April.

Your H-1 cannot have a start date prior to Oct 1. You can enter US as per the H-1 start date. By law, you can appear for stamping at most 90 days prior to H-1 start date and can enter US at most 10 days prior to H-1 start date.