H1B Approved -Transfer to another employer

[aa11]

Hello,

I am currently on L1B visa with employer A. In 2015, Employer B filed H1B and it got approved under consular processing. It was approved in september 2015.

Now I don't want to join employer B, but want employer A to get the H1B transferred with them.

1. I haven't worked for a single day with B and not planning to join them either. Can A still get my H1B transferred?
2. If the answer to 1. is no, can employer A file a cap exempt petition for H1B for me?
3. What are the timelines for filing a cap exempt petition and getting it approved?
4. What is the latest time employer A can file a cap exempt petition?
5. What would employer A need to file a cap exempt petition? Just the receipt number or the approval notice too?
6. Can they file it as COS so that I don't have to go out of US to get it stamped?

Thanks a bunch,
aa11

[shervin143]

1. I haven't worked for a single day with B and not planning to join them either. Can A still get my H1B transferred?
>>> Yes. Transfer is a term used when you are already in H1B status.

2. Can employer A file a cap exempt petition for H1B for me?
>>> Yes.

3. What are the timelines for filing a cap exempt petition and getting it approved?
>>> H1B CAP is valid for 6 years.

4. What is the latest time employer A can file a cap exempt petition?
>>> Anytime.

5. What would employer A need to file a cap exempt petition? Just the receipt number or the approval notice too?
>>> You need a copy of the H1B approval notice to prove that you are CAP counted.

6. Can they file it as COS so that I don't have to go out of US to get it stamped?
>>> Yes.

[aa11]

1. I haven't worked for a single day with B and not planning to join them either. Can A still get my H1B transferred?
>>> Yes. Transfer is a term used when you are already in H1B status.

2. Can employer A file a cap exempt petition for H1B for me?
>>> Yes.

3. What are the timelines for filing a cap exempt petition and getting it approved?
>>> H1B CAP is valid for 6 years.

4. What is the latest time employer A can file a cap exempt petition?
>>> Anytime.

5. What would employer A need to file a cap exempt petition? Just the receipt number or the approval notice too?
>>> You need a copy of the H1B approval notice to prove that you are CAP counted.

6. Can they file it as COS so that I don't have to go out of US to get it stamped?
>>> Yes.

Hi Sherwin, thanks for your prompt response.
Just to clarify I am not on H1B status and have never been. I am on L1B status. But I got an H1B approved from an employer in september 2015, whom I dont plan to join. So according to your responses it is legal to ask my current L1B employer to file a cap -exempt petition for me. It will not be a H1B transfer, just a new cap-exempt petition. Is my understanding correct?

[shervin143]

Yes. You will need a copy of the approval notice though.

Hi Sherwin, thanks for your prompt response.
Just to clarify I am not on H1B status and have never been. I am on L1B status. But I got an H1B approved from an employer in september 2015, whom I dont plan to join. So according to your responses it is legal to ask my current L1B employer to file a cap -exempt petition for me. It will not be a H1B transfer, just a new cap-exempt petition. Is my understanding correct?