L1 to H1B COS + H1B transfer( Very Urgent)

[sriduniv]

Hi All,

I have a situation here that I am trying to understand and I need to immediately address it.

Situation

-I am on L1B from Company A ( Still working)

-Company B did H1B COS last year (2011 Oct) - Since I could not quit my current job immediately, company B, said when you are ready, we can get it transferred and will not interfere with my current L1 at present.

- Now, its about time I change but Company B is not able to find projects in the location I want

-Company C has projects in the location I want and have offered me a job and company B has no issues transferring the H1B

Question

-Should the H1B be active with company B for us to transfer it to company C and if so for how long? what is the procedure?

- What is the easiest way to get this H1B transferred to company C?

- If H1B transfer is not possible, I was told we could piggy back on the existing H1B approval and get another application in, which saves a lot of time and also allows us to start working immediately? Is that accurate?

Any Help would be most appreciated......

[wiweq]

-Company B did H1B COS last year (2011 Oct) - Since I could not quit my current job immediately, company B, said when you are ready, we can get it transferred and will not interfere with my current L1 at present.

=> What I understand from you case that because COS (L1 -> H1b) was done in Oct 2011, you are now on H1b status. You had to work for your H1b employer since Oct, 11 and getting paid by them. Since you are not working for H1b employer and not getting paid by B, you will be counted out of status since Oct, 11. Since it's been more than 6 months you eligible to get 3 years ban to enter in USA. I advise you to contact an attorney.

You cannot do H1b transfer as you are not maintaining your current H1b status. Neither can you do COS (L1 to H1b) because you are not in L1 status currently. C cannot file your H1b as USCIS will still need the proof of your current visa status i.e. last 3 months paystub from B.

Now you are left with only one option, file a complaint against B using WH4 form on your state's DOL website. They will make B to pay you since Oct 11 and you can use WH4 acknowledge receipt for H1b transfer.

One more thing, please do not flood the forum with same message. It takes some time for moderator approval.