L1B to H1B

[cbsplanet]

Hi, please accept my apologies if the questions are already answered in other thread.

I am currently on L1B (valid till June 2016) from company A. Had applied for H1B in 2015 and got my name selected in the lottery still waiting for my petition. Now as per immigration team once my H1B petition is approved from 1st October 2015 I will be on H1B.

My queries are:

1. Can I still remain with company A. If yes, how? do I just step out of country in last week of September and come back in first week of October on my L1B?
2. If I come back on L1B in October can I join company C on my H1B ( which were filled by company B) later in year or in 2016.

Thank you in advance for your response

[shervin143]

The answers below are under the assumption that the Company that filed your H1B petition is different from your current L1 employer and your H1B is filed as a COS from L1.

1. Can I still remain with company A. If yes, how? do I just step out of country in last week of September and come back in first week of October on my L1B?
>>> Yes. You need to leave the country before your H1B effective date. Return back in L1 visa after the H1B becomes effective. This will put you back on L1 status and you can continue to work for the L1 employer.

2. If I come back on L1B in October can I join company C on my H1B ( which were filled by company B) later in year or in 2016.
>>> No. If you want to work for your H1B sponsor, then the H1B employer will need to file a COS from L1 to H1B and the petition should get approved you can start working for the H1B sponsor. Alternatively, you can leave the country, get the H1B visa stamped and return back in H1B visa. If you enter in H1B visa, you cannot work for the L1 employer and you should be working and getting paid by the H1B sponsor whose approval notice you show at the POE.

[cbsplanet]

Thank you for your prompt response. Can a different company who has not applied for my H1 apply for my COS and can I join them.

[shervin143]

It is possible after October 1st (After the effective date of your new H1B CAP). If you are in L1 status post Oct 1st, then the new employer need to file a COS from L1 to H1B and you cannot join the new H1B sponsor until the H1B COS gets approved. If you are in H1B status post Oct 1st (with your current H1B employer), then any new employer can file a transfer and you can start working for the new H1B sponsor upon receiving the receipt notice from USCIS (Although it is advisable to wait until the transfer gets approved before you join them). You will need to provide the new employer a copy of your H1B approval notice so that they can file a COS or transfer.

Thank you for your prompt response. Can a different company who has not applied for my H1 apply for my COS and can I join them.