L1 to H1 Transfer - Desired COS effective date

[Forum1234]

hi Experts ,

My L1B Visa Expired in Jun'13 but I have valid I-94 till Jun'2015.

So I am currently working on the basis of I 94.

I want to go for COS from L1 to H1 with a new Employer. Can the new Employer request for a COS Effective date of say 15 Jan 2014 and I can start working for the new Employer from 15 Jan 2014 or does the COS Effective date and eventually H1 start date can start only from 1st Oct 2014 ?

Please note I did not have H1 visa previously and have used 3 years on my L1.

[raghvi]

hi Experts ,

My L1B Visa Expired in Jun'13 but I have valid I-94 till Jun'2015.

So I am currently working on the basis of I 94.

I want to go for COS from L1 to H1 with a new Employer. Can the new Employer request for a COS Effective date of say 15 Jan 2014 and I can start working for the new Employer from 15 Jan 2014 or does the COS Effective date and eventually H1 start date can start only from 1st Oct 2014 ?

Please note I did not have H1 visa previously and have used 3 years on my L1.

New H1 start date can only be 01 -Oct-2014 or later not before that.

This is my opinion not legal advice.

[Forum1234]

New H1 start date can only be 01 -Oct-2014 or later not before that.

This is my opinion not legal advice.

Thanks Raghvi for the quick response . On top of this , I heard/read that Start date depends on How COS is approved , with new I 94 or NO new I94. Do you have any pointers on this ?

Also , Is there anyway/provision that L1-H1 transfer is treated outside the H1 cap for 2014?

[raghvi]

With COS, your Status Changes on the date mentioned. If COS then you have to work only with the H1 employer post COS effective date, any employment with L1 employer post COS to H1 is illegal. Without COS means Consular Processing, so your H1 will start only when you get H1 stamped outside US, and enter US on that H1.

Technically there is no L1 to H1 transfer. If you apply H1 in April 2014, and if approved, you would technically be counted in 2014 Cap. I didnt understand outside 2014 cap reference.

These are my opinions, please don't construe them as legal advice.