h1 b transfer query


praveenr999

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Hi,

I currently have a fresh approved h1-b with effective date from 1st Oct 2014, from company A.

I have the original I 797 Approved notice with me and copy of I129 petition which is filed on 1st April 2014.

 

I currently work for company B (in India) which has offices in US and I came to US in June 2014 on L1-B visa and currently in US.

 

Now my current company B wants to take me as permanent employee and ready to sponsor & transfer my current h1.

 

1.) To transfer H1, do I need any documents other than I 797?

2.) I haven't told company A that I will not be joining them from 1st October(as they are expecting). When is it safe to tell them, once H1-B is initiated or completed?

3.) Can the original H1 company A, revoke my petition once they know that I wont join them? If so, can I apply for h1 transfer even if they revoke the petition? Will it(revoke) effect the h1 transfer? How long does the petition revoke take time, if it effects h1 transfer? 

 

I am currently on L1-B and planning to go back to india some time in september '14 for personal issue. 

so I am planning to get my h1 visa stamping in september 2014.

 

4.) What is the best way to transfer my h1 to my current company B? should I transfer the h1 using premium processing in 2-3 weeks and go for Visa stamping in september after h1 transfer? or go to india now and come back on L1 again and then apply for h1 transfer with COS so that i dont have to go for h1 visa interview for now? which is the preferred way to avoid any later complications with visa approvals?

5.) Even though I am on L1B i dont get the salary here in USD. I get my salary in INR to my india bank account and get paid for allowances(in USD) as per diem(hotel, car and telephone are paid by company directly). so I wont have any pay stubs with USD payments. 

 

any other things that I should keep in mind for not getting into any issues for h1 transfer and converting from L1 to h1.

 

highly appreciate your help.

 

 

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Thanks rahul412.

just have few more questions.

 

Assume that I need to leave to India in Sep '14 and try to get my h1 stamping and then come to US in oct '14.

 

in this case:

for #2 & #3  : I read in this forum some where that if the original H1 petitioner revokes the petition before 1st Oct then H1 transfer may not be considered as CAP exempt, Is that true? would it effect the H1 transfer if i am not in US when the petition is revoked (if I leave to India in Sep)?

 

my only concern is that i dont want my petition to get revoked after all the lottery and approval process.

 

thanks

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Thanks rahul412.

just have few more questions.

 

Assume that I need to leave to India in Sep '14 and try to get my h1 stamping and then come to US in oct '14.

 

in this case:

for #2 & #3  : I read in this forum some where that if the original H1 petitioner revokes the petition before 1st Oct then H1 transfer may not be considered as CAP exempt, Is that true? would it effect the H1 transfer if i am not in US when the petition is revoked (if I leave to India in Sep)?

 

my only concern is that i dont want my petition to get revoked after all the lottery and approval process.

 

thanks

AFAIK, you can transfer your H1 even before it starts.

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  • 1 month later...

Note sure what you mean by  "Since you are on L1, you will be in status till Oct 1st".

 

What happens after Oct 1st. Since his petition filed and approved was under Consular processing, he does not automatically move from L1 to H1 if I'm not wrong. Can still continue to maintain L1 status even after Oct 1st correct ?

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