H1 Cap Exempt Queries

[amansingh1984]

Hi,

An Cap exempt employer is going to file my H1B with change of status this year and I had following questions-
1/ Is it possible that I can start working for them before Oct 2014? Can A Cap Exempt petition be approved with a date earlier than 1st Oct?
2/ I am currently on a L1 visa valid till 2015.If I go back to India and come back on L1 visa instead before Oct, will change of status become invalid and I can continue to work for my present employer on L1?
3/If in Apr 2015, A Cap non exempt H1B petition is filed by an Cap subject employer for me in April 2015, Can i start working for them as soon as they file it/ or it gets approved and not wait till Oct 2015?

Thanks a lot for the help in advance.I never had a H1 visa before

Thanks,
Aman

[raghvi]

Hi,

An Cap exempt employer is going to file my H1B with change of status this year and I had following questions-
1/ Is it possible that I can start working for them before Oct 2014? Can A Cap Exempt petition be approved with a date earlier than 1st Oct?
2/ I am currently on a L1 visa valid till 2015.If I go back to India and come back on L1 visa instead before Oct, will change of status become invalid and I can continue to work for my present employer on L1?
3/If in Apr 2015, A Cap non exempt H1B petition is filed by an Cap subject employer for me in April 2015, Can i start working for them as soon as they file it/ or it gets approved and not wait till Oct 2015?

Thanks a lot for the help in advance.I never had a H1 visa before

Thanks,
Aman

1. There is no start date restriction on Cap Exempt H1 so yes you can start before Oct 2014.
2. If it is Cap Exempt then you have to leave before COS start date and return on L1 after COS start date in order for COS to not take effect.
3. You have to be part of Cap to go from Cap exempt Employer to Cap Subject one. So you would have to be part of April 2015 Cap and that employment can start only from 01-Oct-2015.

This is my opinion not legal advice.