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L1 to H1 transfer

Discussion in 'General L Visa and Related Issues' started by parth99, Jul 29, 2011.

  1. parth99

    parth99 New Member

    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. littleadv

    littleadv Registered Users (C)

    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.

    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.

    It may be required to verify your current status, yes.

    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.
  3. parth99

    parth99 New Member

    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)
  4. littleadv

    littleadv Registered Users (C)

    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.

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