L1 to H1 transfer query

[OhioResident]

I searched in the forum but did not find exact information I need . May be I am not seaching properly...I do not know much about the Change of status and how it works. My questions are primilarily to get more understanding on that.

I am working on LIA visa and it is expiring in May-2015. I am thinking of getting it transferred to H1 in 2014. I have couple of questions

1. If L1 to H1 is filled as Change of status then when the caps open (in April2014) will the status be approved right away or will it be approved only after Oct-1 2014.

2. If it is approved before Oct-1 (let's say in June-2014) then what will be my status from June -2014 to Oct-2014; as I understand , I cannot work for new employer before Oct-2014.

Please suggest. Thanks for your response!

[raghvi]

I searched in the forum but did not find exact information I need . May be I am not seaching properly...I do not know much about the Change of status and how it works. My questions are primilarily to get more understanding on that.

I am working on LIA visa and it is expiring in May-2015. I am thinking of getting it transferred to H1 in 2014. I have couple of questions

1. If L1 to H1 is filled as Change of status then when the caps open (in April2014) will the status be approved right away or will it be approved only after Oct-1 2014.

2. If it is approved before Oct-1 (let's say in June-2014) then what will be my status from June -2014 to Oct-2014; as I understand , I cannot work for new employer before Oct-2014.

Please suggest. Thanks for your response!

1. Even if it is approved earlier, H1 will be effective only from 01-Oct-2014.
2. Only petition can be approved prior to 01-Oct-2014 your COS will start only from 01-Oct-2014. You would work on L1 till 30-Sept-2014..

This is my opinion not legal advice.

[OhioResident]

Thanks!

Thanks for your quick response!! I searched more and found that when COS is approved new I-94 is issued. So if I understand correctly, the new I-94, no matter when it is approved (between April -1 and Sep-30) it will be effective only from Oct-01 ?

[raghvi]

Thanks for your quick response!! I searched more and found that when COS is approved new I-94 is issued. So if I understand correctly, the new I-94, no matter when it is approved (between April -1 and Sep-30) it will be effective only from Oct-01 ?

Yes. The new I-94 will be valid from 01-Oct-2014 till the date mentioned on the I-94.

This is my opinion not legal advice.