L1A and New H1B without COS

J

jydop

New Member
I've worked in US on L1B for company A and came back to India in March 2008. Company A got L1A filed for me in April 2008 and I got it stamped in June 2008.

Meanwhile Company B applied H1B (without change of status) for me and it got approved in July 2008.

Now my company A wants me to travel back to US on L1A tentatively in September 2008. I also want to work for Company for next 4 months atleast. I have few questions on how I can transfer from L1A to H1B

1. Should I start working from October 2008 for Company B or can I transfer to H1B at a later date say in Jan or Feb 2009?
2. Is there a time period within which I'll have to join Company B?
3. Is there a chance of H1B petition getting expired if I don't join within that period?
4. If I have to start working for Company B, will have to get it stamped from outside US?

Appreciate any info from your experience.
 
The H-1B would not expire during the validity period of the approval, which usually is 3 years. However, the longer you delay starting to work for the H-1B employer, there is increasing chance of scrutiny when you apply for COS from L-1 to H-1B and thus denial chances.

You will have to file an amendment with USCIS for COS from L-1 to H-1B. If USCIS approves it, you can start working for the H-1B employer without leaving the country. In cases such as this one, it is recommended that you wait until you have COS approval. Perhaps, premium processing may be possible too.

If the USCIS does not approve COS, you will have to leave and reenter with a new H-1B visa stamp.
 
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