L1 to H1 COS

[krajamk]

Dear All,

I did leap frog this oct with (I am on L1A and also got H1B with COS approved 2008) I wanted to be on L1A still I get interesting project with H1B employer. Now he has a project of my interest.now I am plannig to change my status from L1A to H1B.

questions:

1) would there be any issue if I go for COS (L1 to H1) as I just did leap frog from H1B to L1A?

2) can I work on H1B (upon receiving the receipt) once my employer apply for L1 to H1 COS immediately without waiting for the approval.

3) what are the rejection chances?

Thanks

[txh1b]

1. No

2. No. You have to wait for the approval of COS to begin work. As an alternative, you can get a H1b visa and enter on it to begin work immediately.

[krajamk]

thanks my friend. you are super fast in answering the queries.

do you have any idea how long premium processing takes?

if, just in case, there is a rejection of COS, would I be still able to work on L1 and future can I apply again for COS or new H1B

[txh1b]

15 days. Yes, you can continue on previous status as long as it is valid.

[krajamk]

Dear Sir,

to get trasfered from L1A to already approved H1B (It was H1B with COS) Petition, do I need payslips (friends told me that I need H1B pay stubs atleast for 2 months) but I never worked on H1 as I did leaf frog to retain L1.

also can I get trasfered to another H1B sponsorer directly without working for the first H1B sponsorer?

Thanks

[txh1b]

Pay slips represent your current status and proves it. If you are not on H1b, the pay slips for H1b does not come into picture. You would rather have to prove your current status (L1 which you claim by leap frog) by payslips and have the new employer file for a H1b transfer. You can stop listening to your friends.

[krajamk]

excellent Sir, though I listen to them but I validate here in this site which give me lot confidence on what I am doing.

Sir,

would there be any question by INS as why you leaf frog as the H1B was approved with COS. and now are you again going for COS.

Also can I trasfer my H1 with new employer? not with the one who did my H1B processing?

[txh1b]

No. You should stop being paranoid. And please, don't call me "Sir". You should have left that back in your home country as soon as you boarded the flight! And, go through the FAQs. It will give you lot of additional info that you need to improve your knowledge on the subject. You can move to a new employer.

[krajamk]

once again impressed because of your simplicity.

can you please answer my queries

[krajamk]

Hi txh1b,


would there be any question by INS as why you leaf frog as the H1B was approved with COS. and now are you again going for COS.

Also can I trasfer my H1 with new employer? not with the one who did my H1B processing?


Thanks

[txh1b]

I said No earlier and answered the other question as well. Did you read the FAQs?

[krajamk]

Hi txh1b,

Since my H1B approved 2008 with COS.I was never on H1B as I did leaf frog.

I have better oppurtunity with company C who is ready to transfer my L1 to
H1B based on the already approved H1B from company B and ready to pay the amount to my original H1B sponsorer (company B) after the successful trasfer (basically buyout).

but just in case ,while the company C employer is trasfering my status from L1 to H1B and in case if my original H1 sponsorer (company B) come to know and cancels my H1B what happens to my H1B.

and L1A to H1B with company C ,are there any rejection chances. I am maintaining my status very well(L1A) for the past 2 yrs



bit worried

Pls

[txh1b]

It does not matter. The H1b CAP count belongs to you irrespective of what the company does.

There is no way that company can find out about the transfer unless you tell them. Read the FAQs.

[krajamk]

thanks for the reply.

New employer is tranfering L1 to H1 based on already approved H1B from another employer.

1.can L1 to H1B transfer is possible by new Employer using the approved H1B from previous employer I never worked for him.( I did leaf frog to stay on my current L1A )

2.I need to give 15 days notice before I resign from my job (L1A). I cannot resign until my H1B trasfer takes place. do I get 15days time to join the H1B as I understand that I should start working for new H1B employer immediately after the approval and the date mentioned on my new I94. Please suggest what options I have or how to overcome the situation

[txh1b]

1. Yes

2. COS does not allow that. You are on H1b the date it gets approved. Go with CP and get a H1b stamp if you want to handle it the right way or resign immediately once the H1b transfer gets approved.