L1B to H1B transfer

P

patka

Registered Users (C)
Presently I am in US in L1B visa through company A with my family. One company B wants to process my H1B.
My questions are: After getting H1B approved (1) do I need to start working with new employer (B) from 1st Oct 2007 itself? Or (2) Can I wait till opportunity comes and then transfer my L1B of company A to H1B of company B suitably? (3) For case (2) [or even case (1)] do I need to go to India back and then re-enter to start working in H1B?
Thanks in advance to clarify my doubts.
 
patka said:
Presently I am in US in L1B visa through company A with my family. One company B wants to process my H1B.
My questions are: After getting H1B approved (1) do I need to start working with new employer (B) from 1st Oct 2007 itself? Or (2) Can I wait till opportunity comes and then transfer my L1B of company A to H1B of company B suitably? (3) For case (2) [or even case (1)] do I need to go to India back and then re-enter to start working in H1B?
Thanks in advance to clarify my doubts.
Click to expand...

you are required to start working at H1 sponsor from the date that is printed on new I-94.
It may be Oct 1 or other date depending on what start date you request.
 
Thanks for your quick reply. What ever I have understood that H1B can not have a open date so that I can transfer my L1B to H1B based on my convenience. If I can not join the new company on the date printed on new I-94 I will have leave US. It that correct?
 
GotPR? said:
you are required to start working at H1 sponsor from the date that is printed on new I-94.
It may be Oct 1 or other date depending on what start date you request.
Click to expand...
---------- Can I request start date after the H1 approval?

Thanks
 
GotPR? said:
No,
Start date must be requested in your petition.
Click to expand...
--------- one more question. Say I give the date as 1st Jan 2008 as start date for H1 job and got the H1 approved. Then later if I decide that I will not join that company and will continue with my existing company in L1 visa, can I do that? I mean after my H1 got approved my existing L1 will be still valid or will get cancelled automatically?
One more question please - can more than one employer file H1 for a single candidate?

Thanks in advance.
 
patka said:
--------- one more question. Say I give the date as 1st Jan 2008 as start date for H1 job and got the H1 approved. Then later if I decide that I will not join that company and will continue with my existing company in L1 visa, can I do that?.
Click to expand...
You have to file COS to change to L1 otherwise you can not keep working on L1 after Jan 2008.
 
GotPR? said:
You have to file COS to change to L1 otherwise you can not keep working on L1 after Jan 2008.
Click to expand...
----------- Thanks. Can you please explain what is COS (full form) and can I file COS myself without informing my L1 employer?
 
COS is change of status. When you change status between H1 and L1, you have to file I-129 which definitely needs your new employer to sign on it. So, you can not do it on your own.
 
GotPR? said:
COS is change of status. When you change status between H1 and L1, you have to file I-129 which definitely needs your new employer to sign on it. So, you can not do it on your own.
Click to expand...
---- Thanks once again. Can I apply for H1 through other company (say B) without COS? then if 'B' can find good project for me then I will go back to India and get stamp on H1 of 'B' and come back to US to start worh with H1 for 'B'?
 
If you can afford to get H1 stamp , you can file H1 petition without COS. But still sponsor needs to sign I-129, though.
if you were not sure when you could get the job, filing H1 w/o COS might be better option, proviedd you could get H1 stamp.
 
Last edited by a moderator:
Hi,
I also passed the same situation and got my H1B in October 2006 and the status has been changed from L1 to H1 in the approval notice.

My Visa stamping is pending,I need to go for stamping.

I got my approval notice and a new I-94 date (Oct-01-2006) from my New(H1B) employer in second week of Oct, but when I see the date on the I-94 it states that my status has been changed from L1-H1 and my H1 is valid from 01-Oct-2006.
As soon as I got the iformation I gave my resignation to my L1 Employer in Oct-06 last week(with 2 weeks notice) and Joined new employer (H1B) on Nov 1st 2006 and started working on the project

Till now I got all my Paystubs & W2's from both companies.

Now Iam planning to go for Stamping in Mexico in March 2007.

Questions
---------

Will that one month be a problem for me for my visa stamping...?
(i.e I was in L1 company in Oct-2006 even though I got my H1B in Oct -2006 and I-94 with Oct-1st date)

Will I get my Visa stamped with out any discrepancies ?

It would be really a great if any one could provide these answers.

Thanks in Advance
-Sam
 
"If you can afford to get H1 stamp , you can file H1 petition without COS. But still sponsor needs to sign I-129, though.
if you were not sure when you could get the job, filing H1 w/o COS might be better option, proviedd you could get H1 stamp."

----PR, thanks a lot. Yes geting a stamp for H 1 will be costly and even risky. If I apply for H1 without COS, can not I apply COS from L1 to H1 from US itself to avoid going back to India and get the stamp? is there any other way? please help.
 
patka said:
"If you can afford to get H1 stamp , you can file H1 petition without COS. But still sponsor needs to sign I-129, though.
if you were not sure when you could get the job, filing H1 w/o COS might be better option, proviedd you could get H1 stamp."

----PR, thanks a lot. Yes geting a stamp for H 1 will be costly and even risky. If I apply for H1 without COS, can not I apply COS from L1 to H1 from US itself to avoid going back to India and get the stamp? is there any other way? please help.
Click to expand...

No, there are only 2 options, i.e. apply with COS or w/o COS. Why don't you get permanent position rather than project basis ? That's a lot simple from H1 point of view as there is no bench period.
 
GotPR? said:
No, there are only 2 options, i.e. apply with COS or w/o COS. Why don't you get permanent position rather than project basis ? That's a lot simple from H1 point of view as there is no bench period.
Click to expand...
------------- Thank you PR, I should try for some other consultant who can offer me position irrespective of project. I have one more question- may be novice: My stay in L1 with company A may be extened till end of 2008, on that case is it possible to process GC through another company/consultant say B while working with A. I am from India, with master degree and 15 years of experience.
Thanks
 
GotPR? said:
GC is for future employment. You can apply it through the employer that you are not working for.
Click to expand...
------------ Thanks. That means I can start processing GC through company B while working with company A in L1 visa. Typically how much time it takes to come to a position of GC processing when I can change job, with my back ground (I am from India, with master degree and 15 years of experience). Though it varies - still some idea!
Thanks
 
Did someone answer sam

Did someone answer sam..? I am in the same situation.
Sam please let me know what happened..?

Thanks,
Varma.
 
Hey all, I think the above relates to my case for L1 to H1 transfer.
I am on L1(valid till 2009) and my H1 got approved in 2007 - eff oct 1 2007. The copy of my approval notice states that my petition and change of status was approved. I did not request the new employer for my COS to be included. Is there a work around or option where in I can still retain my L1 status atleast till end of 2007 and not work for the H1 employer? Request someone to shed some light.
 
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