L1B to H1B WITH COS. but COS did not happen

[raj8023]

Hi

I was in L1B from May 2006 - Dec 2008 for Company A. I applied for H1-B with COS thru company B during April 2008. But when my H1B visa was getting approved I was in India for vacation, so they did not give the COS, but simply approved the H1B. So I did not change to H1B on Oct 2008. Meanwhile, my L1B was extended by companyA and I am in L1B extension now.

Now i checked with my employer of company B to move to H1b. He is saying that all i need to do is to get a Job. Once it is done he will file for COS again. But he also says that once he files COS, I can work for him and do not need to wait till the COS is getting approved.

I need clarification on the last part where i can start working on H1B without waiting for COS to get approved.

Can anyone please clarify on this point.

Thanks a ton.
raj

[shervin143]

That is not correct. Your COS from L1 to H1B need to get approved for you to work for the H1B employer.