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

[akajd]

Hi all,
I am currently working on L-1 visa with company A.
Company B filed for H-1B which got selected in the lottery and should get approved.
I want to work for company C without working for company B after Oct1 2008

I am aware that I need to get L1 - H1 Change of status to work for any employer but can I transfer approved H1 petition to another company C without working for company B who filed it?
Also, will it have any downstream effect when I file Green Card?

[txh1b]

It is possible to transfer now after the H1b gets approved before your H1 status kicks in. These threads deal with the same/similar issues. Look around the forum.

http://www.immihelp.com/forum/showthread.php?t=41683

http://www.immihelp.com/forum/showthread.php?t=41692

http://www.immihelp.com/forum/showthread.php?t=41690

[akajd]

Thanks txh1b - Those links were helpful
But what if I want to start later or I do not get to start with Company C till Nov end.?
Rephrasing the question for better clarity:

I am currently working on L-1 visa with company A.
Company B filed for H-1B which got selected in the lottery and should get approved.
I want to work for company C without working for company B after Dec 1 2008.

Assuming I do not get I-94 in the H-1 approval notice (i.e. no COS but only H-1 approval)

I am aware that I need to get L1 - H1 Change of status to work for any employer but can I transfer approved H1 petition to another company C without working for company B who filed it? (using the paystubs of company A) Also, will it have any downstream effect when I file Green Card?
Appreciate your response.

[txh1b]

If you continue to maintain other status like L1 (provided H1b was not a COS), you need not work for company B and get the H1b transferred to Company C.

What is the use of paystubs? USCIS wants to ensure that you were in status and paystubs reinforce that. If you are NOT on H1b status, there is no need of paystub from H1b employer. You would however need to provide proof of that status that you are maintaining like L1 etc for a COS at a later date.

[akajd]

Thanks txh1b - appreciate your help

To summarize:
If I maintain my status (on L-1) after 30th sept, I can work directly for an employer who did not filed my H-1.
(I read somewhere in this forum that a new petition needs to be filed)

http://www.immihelp.com/forum/showthread.php?t=41537

Before 30th sept, once the H-1 approval is received I can transfer the H-1 to company C who did not file my H-1.

Few other clarifications sought:

Is there some piece of document I should receive from the USCIS or company B who filed my H-1 to get my H-1 transferred to company B (currently I only have a case number starting with EAC).

Can Company B legally challenge me for not working for them even though they filed my H-1? Although I would not make them aware that I have got my H-1 transferred to company C.

I have initially paid for the H-1 fees as deposit.

[txh1b]

Paying for H1b is illegal.

You need a new H1b that is not subject to CAP filed by the new company that you intend to work for. In lay man terms, a transfer which is nothing but a new petition not subject to cap.

You need not let company B know that you have moved on to company C. It is none of their business.

All this is possible if l1-H1 was NOT a COS. Ensure it!!! If it is a COS, you have to travel outside before Oct 1st and return after Oct 1st to get back on L1.

[akajd]

Thanks a ton.
One part of the query that remain unanswered-

Is there some piece of document I should receive from the USCIS or company B who filed my H-1 to get my H-1 transferred to company C (currently I only have a case number starting with EAC).

So what peice of document I should have to get my H-1 transfrred? Also, how do I know (apart from asking employer B) if my H-1 was COS?
Appreciate your responses.
Regards,
akajd

[txh1b]

All you need is a proof of approval copy aka I797 document. If employer is not ready to give you a copy of it, even the online case approval can be used.

Look at the H1b FAQs on the main page.

Most likely it will be a COS as consulting companies want their golden egg laying hen to start laying eggs sooner. No other way to find out other than ask the employer or look at the I797 if it came with an attached I-94 or look at the H1b application I129.

[akajd]

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

[DMX17]

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

Use the same number on uscis.gov and print the "Case Status".

[txh1b]

Use the same number on uscis.gov and print the "Case Status".

But only if you trust that your employer gave you the correct receipt number. It could belong to anyone.

[DMX17]

But only if you trust that your employer gave you the correct receipt number. It could belong to anyone.

Yeah, you never know.

[akajd]

Thanks for your quick responses -
But just received a update for the case online

Current Status: Request for Additional Evidence Sent

On May 27, 2008, we mailed a notice requesting additional evidence or information in this case I129 PETITION FOR A NONIMMIGRANT WORKER. Please follow the instructions on the notice to submit the requested information. This case will be in suspense until we receive the evidence or the opportunity to submit it expires. Once we receive the requested evidence or information and make a decision on the case, you will be notified by mail. If you move while this case is pending, call 1-800-375-5283 to update your address

I am not sure what evidence they would be asking, I hope some basic stuff.
With your experience do you know what kind of requests USCIS requests - does this signal weak application to USCIS?

Also, does this means delay in approval for my case?

[txh1b]

Most of the times, it is to establish the company really has a job for you. If it is consulting company, they will ask for a work order or contract from the client which says they will hire you.

If you have a legitimate job, you have nothing to worry about. If you paid for the H1b, all problems start with a RFE.

[akajd]

The RFE is asking for the education credentials - even though it was supplied.
The company is getting my credentials re-evaluated and sending it to the USCIS. I hope that should take care of the process.
By when would I get to know the approval of my H-1B? (non-premium)