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itssnick

V Urgent - L1 to H1 with approved petition

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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.

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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?

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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.

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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.

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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?

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