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L1 to H1 COS effective date extension

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  • L1 to H1 COS effective date extension

    I am currently on L1 B and got a new H1B approved from a different employer with COS effective date of Nov25th. I got my approval today and hardly have any time to provide notice period to my current comp.

    Is there a way to extend the COS effective date up to a couple of weeks as I can join only on 5th Dec ?

    Your quick reply is highly appreciated.


  • #2
    There is no other option. Your employment with the L1 employer beyond the H1B effective date is illegal. You need to start working for the H1B employer as of NOv 25th to maintain the H1B status. You should have thought about the notice period and ask the COS to be filed with the effective date to be in the future (Say sometime mid of December).

    If you want to stay back with the L1 employer, then you should leave the country and return back in L1 visa after Nov 25th. That way you will get a new I-94 at the POE which will override the H1B I-94 and put you back in L1 status. Later when you decide to work for the H1B employer, the employer can either file the COS again or you can leave the country and return backin H1B visa.
    Not a legal advice. Use of this information is strictly at your own risk.