L-1 to H-1 Transfer without working for employer who filed H-1

[akajd]

Thanks for all your help.
My H-1B is approved.

I would be working on L-1 till Nov-08
(exit USA before 30th Sep and enter as L-1 after 1st Oct)

Starting Dec-08 I want to work on H-1
what form needs to be processed for change of status from L-1 to H-1?
Do I need to do something or my new employer (who filed the H-1) needs to change the status?

I assume even though I would be working on L1 for Oct and Nov, my H-1 would be valid (797 states my start date as 10/01/08). How much time does this transfer of status takes?

I would appreciate your help

[txh1b]

Employer files for I129 amendment. A COS amendment will not guarantee you a H1b start date but you should quit L1 as soon as it gets approved. Best approach is to get your H1b stamped and enter on H1b when you are ready for the H1b job.

[akajd]

Thanks that helps but it created few queries

Important Dates and Events:

Current Status: L-1 with Company X
H-1 is approved with start date of 10/01/08 with company A

29th Sep'08 - Leave USA to Caribbean
02 Oct 08 - Enter USA on L-1

Keep working with Company X on L-1 till 30th Nov

Willing to Join Company B on H-1 starting Dec 1st
I would quit company X mid Oct and to have my employment end by Nov 30

Company B files I-129 for Change of Status and H-1 Transfer from Company A to Company B. Once this petition is approved by USCIS - I start working with company B starting Dec 1st.

Please validate if my understanding is correct?
I was confused when you said -
A COS amendment will not guarantee you a H1b start date but you should quit L1 as soon as it gets approved.

So when the approved H-1B is transferred - do I get a new start date? which could vary depending on when they received and processed my application?

I read from another forum - http://immihelp.com/forum/showthread.php?t=42600 that you had answered (H1 COS needs to be approved before I can start with the new employer)

Also what happend if there is a difference between the start date on H-1 COS and L-1 last day? (not sure How I can plan it perfectly since i do not know what start date I would get on approved H-1 COS)

[txh1b]

Your concerns are valid and hence an amendment COS will not work perfectly. If you resign from the L1 job and H1b COS is not approved, you are out of status.

That is why a visa stamp is the option as COS cannot be planned to perfectly align dates along as needed.

[akajd]

Thanks

It can also happen on the other side (as the H-1 COS may be approved but with a later date or the date it is approved which i would get to know only when I receive it and till then I am on L-1 serving my last days, so technically I am on incorrect status).

So you're suggesting - I should file for my H-1 COS, quit on L-1, go out of the country. Once H1 COS approved - take a visa appointment and come back with visa stamp.

I am from India - Do I need to go to India to get the visa stamp or can I do it in Canada / Mexico ?
It seems this process would take a long time (to get approval and then get visa appointment)

[H1Success]

How you come to know that H1B filed as COS???

My discovery proves a known fact - You guys running the show here are experts!!

Yes, my consulting company filed for H1 with COS - so the only option left with me and my wife (L2 EAD) is to go out of US last week of September and come back 1st week of October on L-1 and L-2 respectively.
Hopefully that should take care of my valid L-1 status till the time I start with a permanent position with company C.


You mentioned online case approval - how do I get a copy of online case approval? The only thing that I have is a receipt number starting with EAC.

Also, is there any way to verify that the consulting company gave me the correct EAC number.

As always, I would appreciate your help

How do you figure out whether it's COS or CP?

[akajd]

What is CP?

[H1Success]

What is CP?

CP = Consular processing
Means fresh H1B not filed as COS.
How you figureout regarding your filing?

[akajd]

Based on the limited knowledge I have-
Ideally, anybody who is already in US would be a H1 with COS

others CP.
In case of COS - 797 would have a new I-94 attached.

[H1Success]

Based on the limited knowledge I have-
Ideally, anybody who is already in US would be a H1 with COS

others CP.
In case of COS - 797 would have a new I-94 attached.

It's not mandatory that whoever already present in USA should go for COS..
Have you given your I-94(issued at POE with L1B) while H1B application?

As much I know if you will provide your I-94 with your H1b application then only H1 can be filed as COS and approval will come with your existing I-94.

TxH1b please help us to understand and give your understanding.

[akajd]

Hi TxH1b,
I would appreciate if you can answer the original question.
Regards,

Thanks

It can also happen on the other side (as the H-1 COS may be approved but with a later date or the date it is approved which i would get to know only when I receive it and till then I am on L-1 serving my last days, so technically I am on incorrect status).

So you're suggesting - I should file for my H-1 COS, quit on L-1, go out of the country. Once H1 COS approved - take a visa appointment and come back with visa stamp.

I am from India - Do I need to go to India to get the visa stamp or can I do it in Canada / Mexico ?
It seems this process would take a long time (to get approval and then get visa appointment)

[H1Success]

It's not mandatory that whoever already present in USA should go for COS..
Have you given your I-94(issued at POE with L1B) while H1B application?

As much I know if you will provide your I-94 with your H1b application then only H1 can be filed as COS and approval will come with your existing I-94.

TxH1b please help us to understand and give your understanding.

Hi TxH1B,

Please give your suggestion..

Thanks

[txh1b]

If you are maintaining proper status in the US, any pre-approved H1b can be amended to be a COS from existing current status to H1b. The drawback is as of the approval date, you lose your old status and H1b kicks in. This will not allow any time for notice periods, project completion etc. If the resignation happens too soon, you fall out of status.

If you already have an approved H1b and maintaining other status, give your employer appropriate notice, get a H1b visa stamp and enter on H1b status. Start working for new employer immediately. This is the only soloution to your problem.

[H1Success]

Please give your suggestion...

It's not mandatory that whoever already present in USA should go for COS..
Have you given your I-94(issued at POE with L1B) while H1B application?

As much I know if you will provide your I-94 with your H1b application then only H1 can be filed as COS and approval will come with your existing I-94.

TxH1b please help us to understand and give your understanding.

TxH1B - Please provide your opnion reagarding COS and CP discussed above.
Is it true if a person is in US then application will be considered as COS ???? or we should provide I-94 to apply as COS

[txh1b]

No, even if a person is in the US, COS is not automatic. If the H1b application is submitted by the lawyer/employer with the choice of COS, it is COS. It can be a CP for someone even in the US if applied that way.