L1 to H1 Change of Status -- Delay Start Date

[Hemanth02]

Hi,
I'm currently on L1B Visa valid till April 2022. My H1 application got selected in lottery.
My wife is working on L2 EAD. Is it possible to delay the H1 Start date to April, 2022
(or)
Is there a way the H1 application process can be delayed, so that it gets approved beyond Oct 1st timeframe ?
thanks
Hemanth

[Libra_14]

Not 100% sure, but to switch to H1 (After approval) you'll need to file for COS (I539) or move out of country, get H1B stamped & re-enter into USA. Until that your status will continue as L1B.

[rkk09]

Hi,
If you feel that, you will need to continue on current Status then you can file H1B petition with Consular processing.. In this way, Even though you get H1B Approval, you can change your status once you go out of country and get visa stamped.. But, if you file H1B petition with Change of Status, then Approval will be effective from October 01 or after.
Thanks

[Hemanth02]

Thanks Libra, rkk for the response. If I ask the employer to do consular processing, then I have to go back to India and get visa stamped ? Would that stamping be drop-box or I should be going in person with family.

[Libra_14]

Thanks Libra, rkk for the response. If I ask the employer to do consular processing, then I have to go back to India and get visa stamped ? Would that stamping be drop-box or I should be going in person with family.

You can go anywhere outside USA (home country is preferred - because they understand local documentations, language etc).
It will be in-person interview for sure - L1 to H1 transfer is not allowed over dropbox.