H1 Transfer before activation

[shyam_t_e]

Hi,

I am currently working on L2 EAD and my employer (a consulting company) has filed my H1B petition on April 2012 and I am still waiting for the approval notice. Meanwhile the client I work for wants to hire me full time and wants to know from when I can start working with them directly. I would be starting on my H1B status with my current employer from October (but I have been working with them for the last 1 year on L2 EAD status).

So now my question is from when can my H1 transfer be initiated? Can I do it immediately after my H1B approval notice comes in (sometime in June 2012) or should I wait until October 2012? Also assuming if i can initiate only on / after october, can i initiate in October itself or do i need to wait for a couple of months after October for my payroll run in H1 status?

I am slightly confused on this now, and any inputs on this would be highly appreciated!

Thanks

S

[pontevecchio]

Presumably the client is willing to file a H1 petition for you in which case ask them to do so.

[shyam_t_e]

Thanks for the reply. But now if the client should file for a new petition, then it will come under the H1B quota which I would try to avoid, since the quota might close soon. That is why I wanted to transfer the petition already filed by my employer.

[pontevecchio]

When does the principals L1 status end/? your previous reply is half correct...

[shyam_t_e]

Ya, the principle L1 is valid until next year (2013) and there are no immediate plans to move out of the country.

And my L2 EAD is also valid until November 2012. So until October, my work visa status is active.

[pontevecchio]

If you get cap counted once with A then the client can file a H1 petition for you not subject to the cap. Ask the client to file if they are interested. Also apply for and get the L2 EAD just in case. One can have multiple H1 petitions on file. In your case you do have the L2 EAD to fall back on and buy you time.