Question on L1 to H1B transfer

satheesh123

Registered Users (C)
Hi..

I am currently in L1 visa and My h1b is aproved through a contracting company..

Now I have got a offer from another company .. Is it possible to transfer from L1 to H1b to the new company without joining the contracting company ? .

Will apreciate some body could through some light onto this ..

Regards
satheesh
 
What is your H1b start date in the approval notice?

Hi..

I am currently in L1 visa and My h1b is aproved through a contracting company..

Now I have got a offer from another company .. Is it possible to transfer from L1 to H1b to the new company without joining the contracting company ? .

Will apreciate some body could through some light onto this ..

Regards
satheesh
 
Thanks Guru ..

I did not understand that .. did you mean I can ask for a transfer from L1 to H1B ? ..

to understand better , would like to talk to some attorney here Dallas .

IF some body know any attorney in Dallas area please let me know ..

Thanks
satheesh
 
Let us start again, answer the question one by one.

1. When did you change your L1 to H1B?
2. When did you got your H1 approval?
3.Did your H1b approval notice come with an I 94 at the bottom?
4. What is the validity of the approved H1B? Start date and end date?
5. Why did not you join your H1 sponsering company?
6. Now why do you want to go for another company?


Thanks Guru ..

I did not understand that .. did you mean I can ask for a transfer from L1 to H1B ? ..

to understand better , would like to talk to some attorney here Dallas .

IF some body know any attorney in Dallas area please let me know ..

Thanks
satheesh
 
1. When did you change your L1 to H1B?
--> I did not change L1 to H1B .. I am still working for current company in L1

2. When did you got your H1 approval?
o4/13/2006

3.Did your H1b approval notice come with an I 94 at the bottom?
No ,

4. What is the validity of the approved H1B? Start date and end date?

04/13/2006 to 6/20/2008
5. Why did not you join your H1 sponsering company?
-- By the time I came to US from my current company through L1 . The company who sponsred my H1b is a contracting firm.. so I was delayed to get the correct opportunity
6. Now why do you want to go for another company? ..

Now I will be a getting a permanent position from one of the leading company.. So they where asked for the copy of the H1b aproval notice .
I would like to know the options of .

1. Joining the third company without joining the parent company who sponsered my H1b
2. Join the third company through the parent Company work as a contractort and join them .

Would like to get information and prepeare my self before I am talking further to Parent Company / The third company which is ready hire . May be I could suggest alternatives if I know the issues with it ..

Thanks ..

Regards
satheesh
 
Your approved H1 is not transferable. If you want new H1 you have to apply under Year 2008 quota (i.e. April 1, 2007) and you can able to work only Oct 1, 2007.
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1. When did you change your L1 to H1B?
--> I did not change L1 to H1B .. I am still working for current company in L1

2. When did you got your H1 approval?
o4/13/2006

3.Did your H1b approval notice come with an I 94 at the bottom?
No ,

4. What is the validity of the approved H1B? Start date and end date?

04/13/2006 to 6/20/2008
5. Why did not you join your H1 sponsering company?
-- By the time I came to US from my current company through L1 . The company who sponsred my H1b is a contracting firm.. so I was delayed to get the correct opportunity
6. Now why do you want to go for another company? ..

Now I will be a getting a permanent position from one of the leading company.. So they where asked for the copy of the H1b aproval notice .
I would like to know the options of .

1. Joining the third company without joining the parent company who sponsered my H1b
2. Join the third company through the parent Company work as a contractort and join them .

Would like to get information and prepeare my self before I am talking further to Parent Company / The third company which is ready hire . May be I could suggest alternatives if I know the issues with it ..

Thanks ..

Regards
satheesh
 
You should be able to get transfer

Sathish,

There is nothing in law that suggests that you should be working for your original petitioner if you want to seek a transfer.

H1B cap is congressionally mandated to limit overall intake per year. Once you have qualified through the cap you can apply to any employer you wish and ask them to file for H1B transfer. USCIS documentation says following

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"This limitation, commonly referred to as the “H-1B cap,” does not apply to H-1B petitions filed on behalf of aliens who have been counted against the cap in the previous six years and who have not been outside of the United States for one year or longer. Thus, generally, petitions to extend an H-1B nonimmigrant’s period of stay, change the conditions of the H-1B nonimmigrant’s current employment, or request new H-1B employment filed on behalf of H-1B workers already in the United States will not count against the H-1B fiscal year cap"

*************************************

You are on L1 and contractors who sponsor H1 do not know intricacies involved here. Continue on your L1 job, but ask your new employer to file for a transfer and join them as and when transfer comes through ( they can even file for premium processing which is decided within 15 days). USCIS asks for Payslips to ascertain legal status and not for checking if you have already joined the petitioner. Contractors generally misinterpret this as USCIS expects the beneficiary to join the petitioner before seeking transfer. Form 129 for change of status mandates pay stubs and it has nothing to do with H1B. Hope this clarifies.
 
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