L1 to H1

[Vanathi]

Hi,

I am in US working with company A on L1 visa. Company B filed H1 visa for me and LCA and educational check is succesful. Company B tells that I can start work for them once they receive the receipt of H1 filing even before the H1 gets approval status. Is it correct?

Thanks,

Vanathi.

[pontevecchio]

That is not correct.

[JoeF]

No, that is not correct. You have to wait until the H1 is approved.

In case of an H1 transfer, i.e., if you already had an H1 and changed employers, then and only then it would be possible.

[MOG]

YES, THIS IS CORRECT. I started working for another company once they got a receipt from the USCIS. I had no problem renewing H1-B visa with the company I switched to three years later. I am currently in the GC process. So, go ahead and work for another company. It is legal. A very minimal risk is if your new H1-B petition would not get approved (I don't see why it would happen since you are already on H1-B), you will have no job.

[pontevecchio]

I would reiterate for the benefit of any person looking at this thread in future that the OP CANNOT join without H1 approval. I hope the admins are alert enough to correct MOG. Please do not mislead people.

[Attorney_23]

I would reiterate for the benefit of any person looking at this thread in future that the OP CANNOT join without H1 approval. I hope the admins are alert enough to correct MOG. Please do not mislead people.

Thank you, pontevecchio. You are correct, a foreign national in L-1 status generally cannot begin working for a new employer in H1B status until the change of status petition is approved.