raman1983 Posted September 5, 2013 Report Share Posted September 5, 2013 I am on L2. I have cap approved H1 petition from Company A. But I currently work for different employer on my L2 EAD. Will Company B be able to do H1 transfer using my company A's approved H1 petition considering neither I have worked for company A nor in H1 status. I keep hearing that to do H1 transfer I should provide 3 pay stubs from the company while filed my current H1 petition. Seeking your guidance. Thanks. Link to comment
jairichi Posted September 6, 2013 Report Share Posted September 6, 2013 I am on L2. I have cap approved H1 petition from Company A. But I currently work for different employer on my L2 EAD. Will Company B be able to do H1 transfer using my company A's approved H1 petition considering neither I have worked for company A nor in H1 status. I keep hearing that to do H1 transfer I should provide 3 pay stubs from the company while filed my current H1 petition. Seeking your guidance. Thanks. Yes, company B can file a cap exempt H1B petition and upon approval you can begin working for them. No, there is no need to provide 3 pay stubs from company that filed your H1B. In your case if your are currently working on L2 EAD you need to provide pay stubs from current employer to show that you are in status in US. Link to comment
raman1983 Posted September 8, 2013 Author Report Share Posted September 8, 2013 Yes, company B can file a cap exempt H1B petition and upon approval you can begin working for them. No, there is no need to provide 3 pay stubs from company that filed your H1B. In your case if your are currently working on L2 EAD you need to provide pay stubs from current employer to show that you are in status in US. Thanks for the reply. On this case where I provide pay stubs from my L2 EAD, will they be able to file cap exempt H1 petition along with change of status (L2 to H1). Or do I need to exit US and renter with H1 stamp. Link to comment
jairichi Posted September 10, 2013 Report Share Posted September 10, 2013 Thanks for the reply. On this case where I provide pay stubs from my L2 EAD, will they be able to file cap exempt H1 petition along with change of status (L2 to H1). Or do I need to exit US and renter with H1 stamp. Yes, your employer B will be able to file a cap exempt H1B petition requesting for a COS from L2 to H1B. Link to comment
raman1983 Posted September 11, 2013 Author Report Share Posted September 11, 2013 Yes, your employer B will be able to file a cap exempt H1B petition requesting for a COS from L2 to H1B. Thanks for all the guidance, finding it very helpful. I have missed to mention that my current approved H1 petition was filed as Consular processing. Will I be able to file another cap exempt H1 petition with COS from L2 considering my initial H1 petition was of type consular processing. Kindly help with your views. Link to comment
jairichi Posted September 11, 2013 Report Share Posted September 11, 2013 Thanks for all the guidance, finding it very helpful. I have missed to mention that my current approved H1 petition was filed as Consular processing. Will I be able to file another cap exempt H1 petition with COS from L2 considering my initial H1 petition was of type consular processing. Kindly help with your views. Your H1B employer should have filed a COS and not consular processing. Now, you have to exit and enter US with a H1B visa. Link to comment
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