itssnick Posted October 28, 2011 Report Share Posted October 28, 2011 I work for company A on L1B visa, same company also applied for my H1B visa (2011 quota), which got approved, but before approval I traveled to US on my L1. So my current status is L1. Now, company B wants to sponsor new H1 to me..so my question is: 1) Can company B file new H1 for me in this year quota, but will that make duplicate filing? 2) or they should file H1B transfer with COS (L1-H1)? But problem is, I only have H1B receipt with me, other documents like approval notice is with my current employer and he will not going to provide any original documents until I go for stamping. 3) Can company B file COS only with receipt number? 4) My H1 petition got approved as consulate processing i.e. I need to go to India for stamping, but now I am in US, so company B can file transfer with COS (L1 - H1)..right?? I mean I don't have to travel back to India for stamping? I appreciate any quick response. Link to comment
pontevecchio Posted October 28, 2011 Report Share Posted October 28, 2011 1. You have already been cap counted. 2. B will decide what they want to do. 3. Possible. 4. It is possible that the H1 with B will be approved for CP. If not and it is approved with COS you can start on approval. What about your notice period? Link to comment
itssnick Posted October 28, 2011 Author Report Share Posted October 28, 2011 What I think is, there is a Start Date which company B will give while filing H1-Transfer with COS, and according to that I will plan my notice. Link to comment
Transformer Posted October 28, 2011 Report Share Posted October 28, 2011 A word of caution - though you are cap counted, since you are currently on L1, you can't start working for B after transfer is applied. You HAVE to wait until H1 is approved. To be safe, resign from A after the H1 petition is approved with B. Link to comment
itssnick Posted October 30, 2011 Author Report Share Posted October 30, 2011 Thanks, I will make a note of it and make sure that I will resign only when my H1 transfer approved with COS with Company B. Link to comment
itssnick Posted November 4, 2011 Author Report Share Posted November 4, 2011 You said that "You have already been cap counted", it means that when company B will file my H1 visa, I will not fall under current cap? If above statement is true, then ideally it would be a H1 transfer or new filing? Link to comment
pontevecchio Posted November 4, 2011 Report Share Posted November 4, 2011 Since a H1 transfer is the SAME thing as a H1 petition filing it is only semantics. Every filing is a new H1 Petition filing not subject to cap. Link to comment
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