Currently in L1B with H1B approved effective 10/1/2014. Is status change needed?

[ildinse]

Hi,

My L1B visa ended by May 2014, with I94 active till 2016. Meanwhile my employer initiated a new H1B visa. It got approved and is effective from October 2014.

- Will my H1B get active by October 1st automatically or should I request my employer to place an LCA?
- I am looking to change my job this october. Do I need pay slips with H1B status to change my job?

Thanks.

[raghvi]

Hi,

My L1B visa ended by May 2014, with I94 active till 2016. Meanwhile my employer initiated a new H1B visa. It got approved and is effective from October 2014.

- Will my H1B get active by October 1st automatically or should I request my employer to place an LCA?
- I am looking to change my job this october. Do I need pay slips with H1B status to change my job?

Thanks.

Yes you would automatically move to H1 from 01-Oct-2014 if H1 approval (I797) came with a new I-94 (at the bottom of the I797). An LCA would already have been filed earlier this year, without that your H1 would not have got approved in the first place.

October consists of 31 Days, on which day in Oct would you be filing transfer?

The way things work for transfer is that you have to first prove you are in valid status, from 01-Oct-2014, you would be on H1 status, suppose your next employer files their own cap exempt petition on say Oct 15th 2014, you would need to show valid I-94 as well as pay slips for last few weeks.

This is my opinion not legal advice.