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Immigration Issues/COS and H1B visa cap quota

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Question
Hi,
I am planning to apply for H1, currently i am on L1.
a company who is willing to sponsor h1 mentioned i can apply now for COS and start working with them till h1 is approved.
Now that quota for 2011 is caped is it possible to apply for COS and work for company on H1 till petition gets approved ?

Answer
Hi,

The H1B visa cap for fiscal year 2011 has been reached. Thus, the earliest that the H1B petition can now be filed is April 01, 2011 with employment start date of Oct. 01, 2011 for the fiscal year 2012 visa cap.

As L1 and H1B status is employer specific, you cannot be legally employed by the company filing H1B petition for you until H1B status takes effect (Oct. 01, 2011). It is not legal to work for the H1B employer until Oct. 01, 2011.

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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