L1 to H1 COS with a later date then Oct 1st, cap reached?

[h1_a]

Hi,

 

I work for company A and processed my H1 in Company B and got approved. I am currently in US so effectively my status changes to H1. However I would like to join company B later in Jan 2013 as I have some issues leaving company A in Oct 1st. Considering the work involved it can happen only arond Jan 1st.

 

I heard for raising the COS now it is not possible as H1 cap is reached in 2013 and it can happen only after April 1st 2014? Is that so? Pls. confirm

 

1. I will speak to company B on this. However I want to keep options open before talking to them. Hence looking for your advice

 

Thanks in advance

 

 

[pontevecchio]

Stay out of the country on October,1 and come back on the L1 visa on the second or so. Once your notice is done leave and come back with the H1 visa. Obviously keep B in the loop.

[h1_a]

Thanks. Just to clarify.

 

1. I need to be away from US. Say leave to canada or other country, so that I get my new i-94 card on Oct 1st date.  So my COS becomes invalide

2. I need to serve the notice and go out of the country and get a new stamping of H1 from Canada and fly back to US with the New H1 Visa.

 

I heard there are issues on H1 amendment and usually it takes time.  In this case do I really need a amendment. Pls. advice I am new to this process

[pontevecchio]

1. So you came back in L1 status and if you stay out on October,1 you can come back a few days later.

 

2. You need to get a H1 visa and where depends on your circumstances.

 

I seriously urge you to discuss the matter with your H1 employer.

[h1_a]

Thanks.. Definitely I will work with my new emplorer on this. Don't want to take any risk at this stage