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H1 transfer from Comp-B to Comp-A without entering US

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  • H1 transfer from Comp-B to Comp-A without entering US

    Dear Experts,

    I am working for Company A. I applied for a job in US and I got my H1B through Company B on Dec 2013. Due to some personal commitments and bad weather, I told them I can travel only after Feb 2014 and they agreed.

    Its two months passed, now my current company (Company A) is ready to process my L1 and asking to submit the documents. I am hestitating to submit the documents as they are not aware of H1. If there is a chance of trasfering my H1, I hope they will agree for that not sure.

    Now my questions are,

    1. Can I trasfer my H1 from Company B to Company A without traveling to US? If, whats the process and how long it will take. Then I can plan my first travel to US through Company A itself.

    2. If No.1 is not possible and I travelled to US through Company B. Then how long I have to work for Company B in US to trafer my H1 to Company A or some other company.

    3. As I have H1 in hand, can I change my visa type from H1B (Company B) to L1B of Company A without appearing for consulate interview?

    Regards,
    Chitty

  • #2
    Originally posted by chitty View Post
    Dear Experts,

    I am working for Company A. I applied for a job in US and I got my H1B through Company B on Dec 2013. Due to some personal commitments and bad weather, I told them I can travel only after Feb 2014 and they agreed.

    Its two months passed, now my current company (Company A) is ready to process my L1 and asking to submit the documents. I am hestitating to submit the documents as they are not aware of H1. If there is a chance of trasfering my H1, I hope they will agree for that not sure.

    Now my questions are,

    1. Can I trasfer my H1 from Company B to Company A without traveling to US? If, whats the process and how long it will take. Then I can plan my first travel to US through Company A itself.

    2. If No.1 is not possible and I travelled to US through Company B. Then how long I have to work for Company B in US to trafer my H1 to Company A or some other company.

    3. As I have H1 in hand, can I change my visa type from H1B (Company B) to L1B of Company A without appearing for consulate interview?

    Regards,
    Chitty
    1. Yes. You would need the copy of Company's B's approval notice in order to do that.3-4 weeks premium processing, 2-4 Months normal processing.
    2. It is possible.
    3. No. H1 and L1 are independent, not replacement of one or the other. As and when you attend L1 visa interview your H1 stamp will most probably be cancelled.

    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by raghvi View Post
      1. Yes. You would need the copy of Company's B's approval notice in order to do that.3-4 weeks premium processing, 2-4 Months normal processing.
      2. It is possible.
      3. No. H1 and L1 are independent, not replacement of one or the other. As and when you attend L1 visa interview your H1 stamp will most probably be cancelled.

      This is my opinion not legal advice.

      Thanks for your reply.

      If, when they can apply for H1 transfer...immediately? or only when H1 visa opens for the year i.e 1st April?

      When they do H1 transfer, my Visa will be re-stamped with Company-A itself?

      Comment

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