L1B to H1B

[dsk23]

Hi All,

 

Please help me out from below questions,

 

My Story : I have applied for H1B visa through a Company A in the month of April 2015 and my current company B has applied L1B in the month of May 2015 and it got approved. Currently I am in US and now my H1B also got approved.

 

Questions :

1. Will my L1B(from Company B) will be cancelled and H1B(from Company A) will be activated from the month of October 2015?
2. Can I transfer my H1B from Company A to Company B without working for Company A?

[jairichi]

1. If your H1B was filed while you were outside U.S. then you will not automatically move to H1B. Either employer has to file a COS to H1B by paying H1B fee again or you exit & enter US with a H1B visa & I797 after Oct 1st.

2. Yes, a new employer can file a cap exempt H1B petition after Oct 1st even if you have not worked for A as long as A does not withdraw petition before Oct 1st.

[dsk23]

Jairichi, Thanks for the quick response.