L1B to H1B - Different Employers

M

mmzaq

New Member
Situation:
I am currently in US on L1B from Employer A (petition and I-94) valid till Feb 2021 and would have another 2 years to max out (Feb 2023).
My current employer is not supporting to file H1B, so I want to apply for H1B consular processing through another employer B this year, so that I can initiate PERM/I140 and secure an early priority date.
I understand that with consular processing approval, USCIS would give me I797-B (without I-94), which means I can continue to work for Employer B, till I re-enter US with H1B visa stamped on passport.

Assuming my H1B would be picked & approved in 2020 with 2-3 years validity, I have below few queries:
Questions:
1. Can my H1B (if approved for Employer B) be transferred to Employer A, while I continue to work for Employer A?
2. How long can I wait (and continue working for Employer A on L1B), before going for H1B stamping and start working for Employer B (assuming Employer B would not revoke my H1B anytime soon).
3. Can I change employer i.e., work for Employer C immediately after I get H1B stamping done?

Thanks for your feedback.
 
Let me answer however best I can
If H-1B is approved from employer B, it can be transferred to employer A while you work for that same employer A on L1B, keep in mind employer A has to file new employment H-1B petition NOT subject to quota. The earliest date you can start working on H-1B is 10/01.
Normally when H-1B approves the earliest start date would be 10/01. There could be 2 circumstances one is if your new H-1B employer is requesting for change of status along with H-1B approval then you will get I-797A approval notice with I-94, you don't necessarily has to leave country meaning your status is changed from L1B to H1B AND second circumstance is requesting for consular processing in that case you will get I-797B that means you HAVE to step out of the country and re-enter with H-1B visa stamp.
You can change as many employers once your original H-1B is approved i.e. you got number from H1B quota.
 
whitemimauz3 said:
Let me answer however best I can
If H-1B is approved from employer B, it can be transferred to employer A while you work for that same employer A on L1B, keep in mind employer A has to file new employment H-1B petition NOT subject to quota. The earliest date you can start working on H-1B is 10/01.
Normally when H-1B approves the earliest start date would be 10/01. There could be 2 circumstances one is if your new H-1B employer is requesting for change of status along with H-1B approval then you will get I-797A approval notice with I-94, you don't necessarily has to leave country meaning your status is changed from L1B to H1B AND second circumstance is requesting for consular processing in that case you will get I-797B that means you HAVE to step out of the country and re-enter with H-1B visa stamp.
You can change as many employers once your original H-1B is approved i.e. you got number from H1B quota.
Click to expand...

Thanks for your response.

I have a follow-up question:
Lets say my visa is approved for Employer B under consular processing, and I want to stick to Employer A.

Would I not need to activate my H1B by re-entering US with H1B stamped on passport, before Employer A could file H1B petition not subject to cap/quota?
Which means, I'll have to stop working for Employer A and work for Employer B, until COS is approved for my H1B transfer from Employer B to Employer A and go through the hiring/re-hiring process of Employer A. Please advise.
 
Yes, you have to step out of the country get H-1B visa stamped & re-enter on H1B. This is applicable only when employer clearly marked consular processing and in this circumstances you can choose to go for visa stamping at your own time since this is consular processing & USCIS is not changing your status while you being in US.
 
whitemimauz3 said:
Yes, you have to step out of the country get H-1B visa stamped & re-enter on H1B. This is applicable only when employer clearly marked consular processing and in this circumstances you can choose to go for visa stamping at your own time since this is consular processing & USCIS is not changing your status while you being in US.
Click to expand...

Thanks for your response.

This means, I can not work for another employer without working for H1B sponsoring employer. Another employer can file H1B no cap petition for me, only after I activate H1B and start working for sponsoring employer.
 
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