L2EAD > H1B > H1 Transfer

[ssatpath]

Hello,

I am currently on L2 EAD which is valid till Oct 2012. I requested my current employer to file my H1. And he had filed it yesterday.

Now today I got an offer from my end client, to join them in a month. When I discussed my Visa status, They said they will be able to transfer my Visa from my current employer in Oct 2012. Is it possible?

If I leave the company which is processing my H1B visa, will it impact the processing of the Visa?

I heard from one of my friend that I have to join my current employee after my H1B gets approved, then only H1B Visa transfer is possible.

Would appreciate any suggestions.

[livliv]

There are complications involved.

If H1 gets approved with change of status, your status remains L2 until Sep 30 and changes to H1 from Oct 1. L2 with EAD allows you to work for any employer or not work. But in H1 status you can only work for the sponsoring employer (and you must work).

So, your new employer must immediately file H1 petition for you with the same start date of Oct 1. Since the annual cap is open, it does not have to be a cap-exempt (transfer) petition and they need not wait until current employer's petition gets approved. But, they must make sure that it is approved before Oct 1, or otherwise your status will become H1 from Oct 1 which will allow you to work for current employer only.