L1 to H1

[AdvisePlease]

Hi

Iam currently in USA on L1 through employer ABC. I have an approved H1B through employer XYZ (that was filed previous year 2007). I have not yet started working on H1B for employer XYZ (no pay stubs from XYZ). Now I have an offer from a third employer PQR. With the above situation can someone tell me

1. What would be my current status L1 or H1?
2. If the new employer PQR can apply for my L1 to H1B status change and transfer my H1B to join them (without paystub from XYZ)
3. Is there any other document required from my XYZ employer apart from the H1B approved petition

Appreciate a quick response

Thanks,

[AdvisePlease]

Can someone pls respond to this

[ihaveh1b]

Hi

Iam currently in USA on L1 through employer ABC. I have an approved H1B through employer XYZ (that was filed previous year 2007). I have not yet started working on H1B for employer XYZ (no pay stubs from XYZ). Now I have an offer from a third employer PQR. With the above situation can someone tell me

1. What would be my current status L1 or H1?
If no I94 came along with approval then there was no COS and hence you remain on L1. If did come, you should ideally be working for XYZ and hence is working against rules.
2. If the new employer PQR can apply for my L1 to H1B status change and transfer my H1B to join them (without paystub from XYZ)
Yes they can. It will be a new and fresh H1b application and since you are already counted against the cap, you will not be subjected to lottery
3. Is there any other document required from my XYZ employer apart from the H1B approved petition
They ask for paystubs of L1 company, resume, exp letters etc. and ofcourse the approved petition.

Appreciate a quick response

Thanks,

Still I will suggest you wait for some senior member to verify this or consult an attorney

[AdvisePlease]

Thanks for the response.

Although I got my H1B petition along with I-94 (COS). My H1 petition was approved in May 2007. After this, I had travelled out of USA in June 07 and returned back in July 07 on my L1 visa. I now have a different I-94 then what is there on my H1 petition. In this case I was told that the H1 COS will not be effective from 1st Oct 07 and I will be on L1 visa. can you please confirm if this is true?

If it is, then do I need to apply for L1 to H1 COS again? please respond asap

Thanks,

[AdvisePlease]

Appreciate if someone could respond to this query

Thanks

[DMX17]

Thanks for the response.

Although I got my H1B petition along with I-94 (COS). My H1 petition was approved in May 2007. After this, I had travelled out of USA in June 07 and returned back in July 07 on my L1 visa. I now have a different I-94 then what is there on my H1 petition. In this case I was told that the H1 COS will not be effective from 1st Oct 07 and I will be on L1 visa. can you please confirm if this is true?

If it is, then do I need to apply for L1 to H1 COS again? please respond asap

Thanks,

Alright,

You are still in H1 status even if you traveled. Under the Efren Hernandez guidance, a future Change of Status to H1 takes effect despite travel if you come back to the U.S. before Oct 1st. Under this memo, your status changed from L1 to H1 on Oct 1st because you were in the U.S. on Oct 1st. Different I-94 number does not matter. This memo should not be used as needed and neglected other times as needed.

What this means that your work for your L1 employer is unauthorized and may create problems when you apply for a transfer.

I think you should consult an Attorney. From my knowldge of the Hernandez memo, you are in H1 status and not L1.