Using H1 before Oct1


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Hi,

 

I'm currently on L1-B with X company and my H1 was picked in lottery through Y company.

 

Is there a way I can work for my new company before Oct 1 once my petition is approved?

 

The reason is that my current project ends before Sept 30 and X company is asking me to return to India.

 

Thanks in Advance.

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No - you have H1B status from October 1st only, not before.

 

You need to find a way to remain "in status" until September 30th, or else return to India and apply for an H1B visa stamp to return for your H1B employment (you can enter 10 days before the H1B goes into effect).

 

I don't see any way to work for Company Y before 10/01/2015 unfortunately.

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  • 2 weeks later...

Thank you ..

 

As I have COS in process, can I travel back to India on L1 (I-94) and come back to US with my new company after stamping?

 

Even though H1 status is still not approved?

 

can I just file amendment to change my COS to consular process and leave?

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Thank you ..

 

As I have COS in process, can I travel back to India on L1 (I-94) and come back to US with my new company after stamping?

 

Even though H1 status is still not approved?

 

can I just file amendment to change my COS to consular process and leave?

Yes, you can exit US and enter with a valid H1B visa and I797 not more than 10 days before H1B start date.

No need to apply for any amendment.

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