L1 to H1 visa transfer

[seemasharma]

Hi Team,

 

I currently have a L1 visa from “X” company, this year another company “Y” filed a H1B for me and it was picked up in lottery. I had few questions on this

 

a)      Do I have to join company “Y” from October 1^st, 2015 the day petition is valid from or can it hold for couple of months? And if there any time-limit on it?

b)      One another employer say “Z” is offering me a job, can I transfer my H1B from 1^st October to him without joining “Y”?

c)       My I-94 from L1 visa is valid till for another couple of years, do I need to go out of country and get another stamping for H1B and I-94 for “Y” or “Z”?

 

Please guide.

 

Thanks,

Seema Sharma

[jairichi]

a. If approved as COS then you need to stop working for L1 employer from Oct 1st. You have 60 days to report to H1B employer.

b. Nope. Any transfer petition filed before Oct 1st will be denied. Though in one case we have heard that it was approved, which is strange.

c. If approved as COS i.e. I797 having an I94 you automatically move to H1B status from effective date.

[TTN]

Hi seemasharma,

 

From October 1^st, 2015 you will no longer be on L1 status and should not work for Employer X. You will be on H1B status and should work for Employer 'Y'. Once you apply for H1B transfer which requires 3 payslips then you can change to any other Employer using H1B transfer option.

 

If L1 to H1B is not through COS you might need to get visa stamped to continue on H1B from October 1^st, 2015.

 

Just my opinion and not Legal advice

 

Thanks,

TTN

[seemasharma]

Thank you jairichhi and TTN.

 

What about staying with the same company "X" -

Can COS be reverted - I mean, if I travel outside US before 31st Sept, 2015 and at port of entry enter with L-1 visa? 

 

Please guide.

 

Thanks,

Seema Sharma

[jairichi]

If you travel outside before H1B approval then the COS part of H1B petition will be considered abandoned.

[ra161184]

I am also in same boat as seemsharma. My L1 to H1B Cos petition filed by company (Y) is approved with petition start date as Oct 1, 2015. However, due to some personal reason I want to continue working on L1 with my current employer(X) till November end. For this, I am planning to leave US for Mexico/Canada on Sep 29th, 2015 and re-enter on 2nd October on L1 visa(valid till April 2016) to regain L1 status and nullify change of H1.

 

I need sincere advise on this. will there be any issue at port of entry at US airport ?  Also, like to know that after regaining L1 status on October 2nd, if I plan to travel India in November and go for H1 visa stamping in India in December on approved H1 petition and plan too come back to US in January using H1 visa with new employer Y.. Will I have any issue?

 

Thanks in advance.

[jairichi]

I am also in same boat as seemsharma. My L1 to H1B Cos petition filed by company (Y) is approved with petition start date as Oct 1, 2015. However, due to some personal reason I want to continue working on L1 with my current employer(X) till November end. For this, I am planning to leave US for Mexico/Canada on Sep 29th, 2015 and re-enter on 2nd October on L1 visa(valid till April 2016) to regain L1 status and nullify change of H1.

 

I need sincere advise on this. will there be any issue at port of entry at US airport ?  Also, like to know that after regaining L1 status on October 2nd, if I plan to travel India in November and go for H1 visa stamping in India in December on approved H1 petition and plan too come back to US in January using H1 visa with new employer Y.. Will I have any issue?

 

Thanks in advance.

No issue at all. When you go for H1B visa stamping make sure that your H1B petition with employer is still valid and not revoked.

[ra161184]

Thanks jairichi for your reply. I have communicated to employer Y that I would be going for stamping in December 2015 and coming back to US on H1 visa. However, I am not informing them that I wam moving out to US on 29th to nullify H1 COS. Will there be any issue in future?

[jairichi]

It will not be an issue as long as employer does not revoke H1B petition.

[aa11]

Hi Murthy Law Firm, 

 

Urgent help and advice needed. 

 

1. In April 2015, employer B filed my H1B application and it got picked in lottery.

2. In July 2015, my current employer A processed my L1B and I moved to the US in August.

3. Meanwhile sometime in July an RFE was issued for my H1B with employer B, to which they responded on september 1.

4. Currently I am on L1B with employer A, and my H1B case status is "Response To USCIS' Request For Evidence Was Received"

 

In my situation, I want to continue working for my L1B employer A and not join employer B after october 1st. I have not informed employer B that I am in the US working for employer A. Is it possible that they could have filed a COS petition and I will be forced to H1B status with employer B starting Oct 1st?

 

Please help.

 

-aa11

[aa11]

And how to find out if employer B filed a petition with CoS for me?

[jairichi]

Since the petition was filed when you were outside US it is not COS.

[aa11]

But since an RFE was issued, is it possible employer B could have filed a different I129 later on as COS?

[jairichi]

That is not possible.