COS(Change of Status) - L1 to H1

[Indian789]

Hi,

 

  My case details.

 

 I came to US on L1-B status on Feb 2012 for company A. and applied H1 for company B on May-2012 in premium, got approved on may 2012 itself, I went to India in August 2012 and returned to US in August 2012 on L1 status (because my H1 will get effect from October 2012). I came to payrol of company B using my new H1 on October 2012, since then, I was working for company B and i got 140 approved by company B. In 8 months my H1 will expire and willing to apply for H1 extension now through the same company B.

 

I have following questions:

 

1. Do i required to apply COS(change of status) from L1 to H1 ? after moved to company B ?. I did not applied for COS as i don't know whether i need to apply or not. if I need to apply, Can i apply now ? when can i apply, before H1 extension ? or while applying for H1 extension or  after extension ?

 

2. How soon i can apply for H1 extension in premium processing ? Can i apply now (Even though 8 months there for my H1 to expire) ?

 

Thank you.

[jairichi]

1. Check your H1B I797. If it has I94 attached to it then it was filed and approved as COS. Since you traveled after H1B approval you are in H1B status automatically from Oct 1st 2012.

2. Not more than 6 months before current petition expiry.