L1 to H1

[iamdashing]

Hello,

I am currently in US on L1B from Employer "A" but i also hold approved H1B from Employer "B" but not yet started working for Employer "B". My question is can i transfer my approved H1B for Employer "C" and start working for Employer "C"?

Thanks for your answers.

[sk.january]

Yes, employer C can file a new H1B but you need your approved 797 copy/receipt #.

Also if employer B requested for a COS and you received you I94 attached to 797, you cannot work on L1 for employer A as of the COS date.

[iamdashing]

Thanks SK. one more small clarification, Employer C need to file new H1B or approved H1B can be transfered to employer C? My employer B did not requested for COS.

[sk.january]

Check "I-129 part 2 - Basis of classification" - there is no classification for transfer of H1B.

Employer C will need to file a new petition(change of employer). They will attach you approved H1 from employer-B so as to indicate that you have already been counted towards previous years H1B cap.