L1B to H1 conversion

[vamsirk]

I am working on LI B and my visa is valid till next 6 months. I have applied for H1 b with a new employer in 2013 and my application got picked up in lottery. 2 months back I received a minor RFE and employer responded in the following week. I am expecting a decision with in next week as 60 days time would be completed to make a decision.My new employer applied with COS starting from October 1st.

 

1) If I am approved with H1B in next week, Do I need to start working from october 1st with new employer or can I continue to work on L1 B till I decide to move to new employer on H1B ?

 

2) If I want to continue with my current employer on L1B after approved with H1B, what would be the steps I need to follow? do I need to step out the country and enter US again after october 1st on LI again?

 

3) Can the decision on H1B delayed beyond October 1st? If the vIsa is approved after October 1st, what would be the starting date of the new I94? Can I get a week or two upfront time on new I 94 to decide on H1 B?

 

4) If my current employer wants to retain me and he wants to get my new H1 b transfered to him, can I transfer immediatly? or do I need to work for new employer for few months and get few pay checks and transfer to my current employer?

 

 

Please let me know your suggestions.

[jairichi]

I am working on LI B and my visa is valid till next 6 months. I have applied for H1 b with a new employer in 2013 and my application got picked up in lottery. 2 months back I received a minor RFE and employer responded in the following week. I am expecting a decision with in next week as 60 days time would be completed to make a decision.My new employer applied with COS starting from October 1st.

 

1) If I am approved with H1B in next week, Do I need to start working from october 1st with new employer or can I continue to work on L1 B till I decide to move to new employer on H1B ?

 

2) If I want to continue with my current employer on L1B after approved with H1B, what would be the steps I need to follow? do I need to step out the country and enter US again after october 1st on LI again?

 

3) Can the decision on H1B delayed beyond October 1st? If the vIsa is approved after October 1st, what would be the starting date of the new I94? Can I get a week or two upfront time on new I 94 to decide on H1 B?

 

4) If my current employer wants to retain me and he wants to get my new H1 b transfered to him, can I transfer immediatly? or do I need to work for new employer for few months and get few pay checks and transfer to my current employer?

 

 

Please let me know your suggestions.

(1) Once approved you need to start working for new employer on H1B from Oct 1st.

(2) That is correct.

(3) There is a possibility. The next day after approval. 

(4) Only after your new employer's H1B is approved you could transfer to current employer. You need not have to work for new employer to generate any pay stubs. Once your H1B is approved ask your current employer to file a cap exempt H1B petition.