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  • L1 to H1 transfer

    Need your suggestion. My L1 has expired but I-94 is valid till Sep-2012. My employer-X has filed H1 visa for me. Approval is pending. Hope to get an approval soon.
    1) After getting an approval, could I transfer my h1 visa to other employer-Y without stamping original one(and with having current L1 expired)?
    2) If yes, do I have to go back to India for stamping before I start work on h1 for new employer-Y?
    3) Do I need to have any paper\pay stub from my current employer to transfer h1?
    4) My wife is having EAD till Aug2012. If I get an h1 transfer done, and start work, Could she continue working on that EAD?

    Thanks in advance. waiting for experts' suggestions.

  • #2
    Originally posted by parth99 View Post
    Need your suggestion. My L1 has expired but I-94 is valid till Sep-2012. My employer-X has filed H1 visa for me. Approval is pending. Hope to get an approval soon.
    1) After getting an approval, could I transfer my h1 visa to other employer-Y without stamping original one(and with having current L1 expired)?
    But you don't have any H1 visa at all, nothing to transfer. What you will have is H1 status. That you can transfer to another employer who'll have to petition you.

    2) If yes, do I have to go back to India for stamping before I start work on h1 for new employer-Y?
    Visa is stamped outside of the country, so you'll only need it if you travel. You won't be able to return without it, but as long as you don't leave the US - you don't need any valid visa, as long as the status (I-94) is valid. Once your H1 petition is approved you'll receive an updated I-94 with H1 status on it.

    3) Do I need to have any paper\pay stub from my current employer to transfer h1?
    It may be required to verify your current status, yes.

    4) My wife is having EAD till Aug2012. If I get an h1 transfer done, and start work, Could she continue working on that EAD?
    Your wife's L2 status will expire the same day your H1 is approved, and her EAD will no longer be valid (even if the date on the card is in the future). If she continues working in H4 status, she'll be in violation of her status. She won't be able to get a new EAD on H4, she'll have to stay at home and get bored.
    Disclaimer: The advice written by me was not intended or written to be used, and it cannot be used by any taxpayer, for the purpose of avoiding penalties that may be imposed on the taxpayer. Everything I write or suggest is based on my personal experience and knowledge, and I may be wrong.

    Send me a private message if you're interested in help with US State and Federal tax returns (RTRP).

    Visit the blog with the tips and tricks any newcomer to the US should learn: The Little Advisor

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    • #3
      Followup question

      Thanks for the reply.

      In case my H1 get rejected, Do I have to leave the country?
      (My L1 got expired already but I have a Valid I-94 till Sep 2012)

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      • #4
        Originally posted by parth99 View Post
        Thanks for the reply.

        In case my H1 get rejected, Do I have to leave the country?
        (My L1 got expired already but I have a Valid I-94 till Sep 2012)
        If your I-94 is still valid and you're still employed at the same company - you're still in your L1 status, and don't need to leave. If you left your L1 employer already - then you're out of the status, and yes - you have to leave the country.
        Disclaimer: The advice written by me was not intended or written to be used, and it cannot be used by any taxpayer, for the purpose of avoiding penalties that may be imposed on the taxpayer. Everything I write or suggest is based on my personal experience and knowledge, and I may be wrong.

        Send me a private message if you're interested in help with US State and Federal tax returns (RTRP).

        Visit the blog with the tips and tricks any newcomer to the US should learn: The Little Advisor

        Comment

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