H1 b transfer before October 1

[SandyKish]

Hi,

I am on L2 ead and employer A has applied for my H1 visa. It got picked in the lottery and not yet approved. I was hoping to start working with employer A after H1 b visa gets approved. Recently I got a very good offer from employer B and I joined the company on L2 EAD. Can employer B apply for transfer before October 1 , if h1 visa gets approved? I would like to continue with employer B only.

Please help.

Thanks

[Attorney_21]

You are not "counted against the [H1B] cap" until October 1st - if employer A revokes the H1B before October 1st, then you are no longer "cap exempt".  Also, filing a "change of employer" H1B before October 1st is generally a bad idea (if you are filing based on your "cap case" with an October 1st start date).

 

This is a complex situation, and I would advise discussing it with an attorney.

[SandyKish]

Thank you so much. I will contact an attorney.

I have one more questions.

Company B is an none profit organization. Can they apply new "L2 to H1 b" transfer (outside of current h1 application)?

I am planing to ask HR if that is possible.

[jairichi]

Thank you so much. I will contact an attorney.

I have one more questions.

Company B is an none profit organization. Can they apply new "L2 to H1 b" transfer (outside of current h1 application)?

I am planing to ask HR if that is possible.

If the employer is a non profit organisation they can file anytime.

[JoeF]

Not all non-profits are cap-exempt. Only universities, non-profit research organizations affiliated with universities, and government research organizations are cap-exempt.

A cap-exempt organization can file an H1 for you at any time.

[SandyKish]

Hi All,

Thank you for the reply. I met the attorney today. He also suggested it is not a good idea to transfer H1 before October 1. And if we want to continue on L2 after October 1st also, he suggested to apply I539 for cos from H1 back to L2. Also we can go out of country after H1 approval and come on L2 status. In that way we can be on L2 and H1 cap exempted too.

But my doubt is do I need to apply for L2 EAD again or can I continue on previous L2 EAD.

I asked the attorney same and he said he will find out. Just wanted second opinion from you too.

Thanks