QUESTION
Does the conversion or COS means that as soon my petition is approved, my status of visa automatically changes from L to H?
Asked on Mar 16th, 2015 on Immigration - New Jersey
More details to this question:
I have a valid L1B visa with my current employer but will expire by the end of October 2015. Same employer will be filling H1B (which they call L to H conversion) this year on April 1 2015. Will it be only valid starting from October 1 2015?
2 ANSWERS
Yes. Because you are a new H-1B applicant, and there are no visas currently available but will only open up when the new fiscal year begins on October 1, if the petition is selected in the lottery and approved, it can only become active (valid) once the new year begins which is on October 1, 2015.
Answered on Mar 20th, 2015 at 6:19 AM
3 Awards
If an October 1 start date is requested on the H1B petition then that is the earliest date that it will become effective. Essentially, it becomes effective when the individual fills out an I-9 form with the employer and they take up their H1B status and are paid the federally mandated prevailing wage specified in the H1B petition previously submitted on April 1st. Of course, the above information relies upon the fact that the employer is not H1B cap exempt. If the employer is cap exempt then they may be able to ask for an earlier start date then October 1. We trust of this information is helpful but please note that there is no substitute for seeking the guidance of a qualified immigration professional with regard to your matter.
Answered on Mar 18th, 2015 at 8:45 AM