L1B to H1B CAP exempt COS, H1B transfer related

[hsquare]

I am currently on L1B, Employer A applied for COS from L1B to H1B(cap exempt) and got my approval. I am getting a better opportunity from Employer B now.

 

Questions:

1.  Is it possible to transfer H1B from Employer A to Employer B, even without joining Employer A?

2.  In case if I join Employer A, is it possible to transfer H1B to Employer B without pay stubs from Employer A?

 

[jairichi]

1. Yes.

2. Depends on how quick your employer B files a cap exempt H1B petition.

[hsquare]

Thank you.

 

I have one more question:

1) Is it possible to apply for H1B transfer without Approval notice? (I only have receipt notice)

[jairichi]

Thank you.

 

I have one more question:

1) Is it possible to apply for H1B transfer without Approval notice? (I only have receipt notice)

Yes.

[hsquare]

Yes.

Thank you very much for your timely responses.

 

One more question:

1) Can you please let me know the documents that would be required for H1B transfer? (considering I don't have H1B approval notice and Pay Stubs from EmployerA)

[jairichi]

Whom are you working for now? Hope you stopped working for L1B employer. If you have joined H1B employer you need pay stub for transfer as by the time new employer files for a transfer one pay stub would have been generated. You need at least the H1B petition receipt number or receipt notice to file for transfer.

[kvkkreddy]

i am currently working in the USA with an L1B VISA from Employer-A and i have applied H1B VISA this year. I had an RFE for my H1B VISA and i have submitted required documents and current status is Request for Evidence Response Review. 

 

As i have to serve a 60 day notice to employer-A before moving to Employer-B(H1B), My question is how long i can continue to stay on L1B VISA and what will be the impact of working on L1B visa even after an approved H1B.

 

If i can continue to work on L1B for some time, what is the process to convert from L1B to H1B. Do i have to go back to my home country for stamping?

 

I want to continue to work on L1B and visit India in December and return to the USA with L1B itself and then switch over to H1B in March. Please let me know if this is possible.

[hsquare]

Whom are you working for now? Hope you stopped working for L1B employer. If you have joined H1B employer you need pay stub for transfer as by the time new employer files for a transfer one pay stub would have been generated. You need at least the H1B petition receipt number or receipt notice to file for transfer.

Thank you, for the detailed response.

I am currently serving notice period for my L1B employer. I will be relieved from my current role on 24th Oct, 2014.

I would join H1B employer after I complete serving my notice period.

 

In this case can I directly join Employer B if they apply for my H1B transfer?

[jairichi]

Thank you, for the detailed response.

I am currently serving notice period for my L1B employer. I will be relieved from my current role on 24th Oct, 2014.

I would join H1B employer after I complete serving my notice period.

 

In this case can I directly join Employer B if they apply for my H1B transfer?

That is unauthorized employment. It will be an issue as you will need to provide pay stubs with employer A (as you are expected to start working for employer A on H1B from Oct 1st) when filing for a transfer to employer B.

[hsquare]

That is unauthorized employment. It will be an issue as you will need to provide pay stubs with employer A (as you are expected to start working for employer A on H1B from Oct 1st) when filing for a transfer to employer B.

 

Thanks for your advice.

In that case, would my approved H1B petition with Employer-A be affected/revoked, if Employer B files H1B transfer ?

[jairichi]

Thanks for your advice.

In that case, would my approved H1B petition with Employer-A be affected/revoked, if Employer B files H1B transfer ?

By law an employer has to revoke H1B petition if you no longer work for them. Filing of H1B petition by employer B will not affect approved H1B petition with employer A.

[hsquare]

By law an employer has to revoke H1B petition if you no longer work for them. Filing of H1B petition by employer B will not affect approved H1B petition with employer A.

Thanks a lot for all your inputs and timely response.