L1 to H1 COS Vs consular prTocess

[rino]

Hi,

Currently I am working on L1 with company A ; I am trying to find out some company B who would file an H1 for me. I need help in understanding following things.

1. What's better COS or consular process? pros and cons of each
2. If company B files the H1 with COS now (before oct 2011), does my status get changed immediately or only on Oct 2011?

Thanks a lot for your help

Regards,
Rino Mukherjee

[kabkaba]

Hi,

Currently I am working on L1 with company A ; I am trying to find out some company B who would file an H1 for me. I need help in understanding following things.

1. What's better COS or consular process? pros and cons of each
It is a matter of choice.
2. If company B files the H1 with COS now (before oct 2011), does my status get changed immediately or only on Oct 2011?
If you have never been counted under H1 cap before, you cannot start working for the H1 employer before Oct 1.
Thanks a lot for your help

Regards,
Rino Mukherjee

Also, once the H1 status becomes effective (either by COS or by travel and return on H1 visa, you must start working for the H1 employer and stop working for hte L1 employer)

[rino]

Few additional questions

Thank you very much for your answer.

Few additional questions

1. I've never applied for H1 visa before, so as per your answer , even if I get approval for H1 with COS now (before oct 2011), I will have to wait till oct to start working with new employer... please confirm

2. Does COS fall under the H1 quota? Or is it a separate process and has no quota?

3. If I get the H1 with COS now, what do I have to do to start working with the new employer if I want to do it before Oct 2011? Do I need to go out of country and come back?

Thanks for your help

[kabkaba]

Thank you very much for your answer.

Few additional questions

1. I've never applied for H1 visa before, so as per your answer , even if I get approval for H1 with COS now (before oct 2011), I will have to wait till oct to start working with new employer... please confirm
Yes

2. Does COS fall under the H1 quota? Or is it a separate process and has no quota?

Your case will always fall under quota. You have to be in H1 status in order to work for H1 employer and there are two ways to obtain that. Either as change of status within the US or traveling and returning with an H1 Visa.

3. If I get the H1 with COS now, what do I have to do to start working with the new employer if I want to do it before Oct 2011? Do I need to go out of country and come back?

You cannot start working before the petition effective date and in your case since you come under cap your employer cannot request anything before Oct 1. Your approval notice will clearly state a 'valid from' date you can and must start working from that date.

Thanks for your help

See above.

[Vudu]

Just wanted to have some more clarification as I am in a similar situation:

Currently in US on L1 with Co. A. First time to US. No previous H1.
Co. B wants to file my H1 with COS using premium processing. They are assuming an approval within a month.
I understand that I can't start working for them till Oct 1st.

My question is:
If Co. B gets an approval for COS in an month do I still need to resign from my L1 employer by 10 days and join Co B? Or I will have till 1st Oct to join Co. B and can continue with Co. A till that time.

What will be my status after COS gets approved till Oct 1st?

[Vudu]

Can someone help?

[kabkaba]

You need to stop working for L1 employer on Sep 30 and start working for H1 employer on Oct 1 if change of status is approved. How much notice you need to give is according to your current employer's policy.

[Vudu]

Thanks for the response. BTW, if I resign from my current company A now, can I stay in US between now and 1st Oct when I will be employed by B. Is there a time period that I can stay between the job switch legally.

[kabkaba]

AFAIK you can quit the L1 job after you receive H1 approval notice. But make sure you have the notice in hand.

[Vudu]

AFAIK you can quit the L1 job after you receive H1 approval notice. But make sure you have the notice in hand.

Thanks a lot! One more and possibly the last question

What will be my status during the time I resign, say 31st August and 1st Oct? I won't be on L1 as I have already resigned and my H1 COS (assuming I have the approved notice in hand) will have a start date of 1st Oct.

[Vudu]

Thanks a lot! One more and possibly the last question

What will be my status during the time I resign, say 31st August and 1st Oct? I won't be on L1 as I have already resigned and my H1 COS (assuming I have the approved notice in hand) will have a start date of 1st Oct.

Can someone help pls...