H1B Transfer

[dv123]

Hi

I am working on L1A in Company A and I will complete 5 years by Jan 2014. I got H1 from company B in 2010 and have 3 years validity upto Sept 30,2013. I am planning to utilize the H1B now to continue my children education in US for couple of more years,as I do not get extension on L1A.

I never worked in Company B , so I do not have any pay stubs from company B.

1. If I have to move to Company B, can I move to Company B and start working without leaving US.

2. If I want to transfer the H1 to company C, is it possible while I stay in US. Is it possible to transfer the H1B to Company C after Sept 30 when the current H1B validity expires.

I mentioned without going out of US as I donot want to disturb by children's education. If it is not possible, I have to shift my Kids education to India in June 2013.

Please suggest as I have to take a quick decision.

Regards,

Surya

[t75]

Total on L1 plus H1B is 6 years without a pending GC.

Every company files a new petition; the validity dates will be updated.

[sk.january]

1. If I have to move to Company B, can I move to Company B and start working without leaving US.

2. If I want to transfer the H1 to company C, is it possible while I stay in US. Is it possible to transfer the H1B to Company C after Sept 30 when the current H1B validity expires.

If you have been working on L1 post H1B approval from company B implies that company B did not apply for a change of status from L1-H1

1. Company B has to file another petition and get the COS from L1-H1 so you can start working with company B in US (without having to leave US)

2. Yes, you are cap exempt so company C can file a new petition and refer your approved H1.

You don't have to wait till Sep 30 2013, this can be done anytime when company C is ready to file.

Once the petition is filed/approved, you can start working with company C in US (without having to leave US)

Hope this info. helps!!!

[dv123]

Thank you.

Could you please suggest, if I want to transfer the H1B from Company B to Company A where I am presently working, is it possible to transfer.

Thanks in advance.

Regards,

Surya

[sk.january]

Yes, your current employer that holds your L1 can file an H1 as you already have an approved H1(with a different company)

[dv123]

Thanks.

Since I never worked in Company B and there are no pay slips available from company B, is it possible to transfer. I heard that, at least 2 to 3 payslips are required to transfer the H1B to a different company.I have payslips only from Company A.

Please suggest.

Regards,

[sunshineeast]

I'm sailing on same boat. But I'm in L1 from A, H1 is from B (not activated yet) and still on L1 status. No payslips from H1 but got paystubs with L1.

Now I got a full time with C and they have agreed to transfer H1+COS and it is in progress.

[dv123]

Can you please post the status of your transfer from L1 to H1 + COS after the process complete. It will be helpful for me.

[sk.january]

I have payslips only from Company A.

Please suggest.

Regards,

You have been working with company A on L1 and your current status is L1 so you need previous pay-stubs from company A.

Your approved H1B petition from company B is only to indicate that you are already counted under H1 CAP in FY 2011 and you don't need pay-stubs from company B.

Just give your details to your employers attorney and he will understand and they can handle it.

[dv123]

Thanks for your clarification