H1 Visa transfer

[sachin2005]

Hi,

I am in kind of tricky situation and need help

1. I have H1 and L1B visa from the same Employer A, when I was in US last year, I was on H1B which is valid till 2010 Dec and I went to India and came back this year on L1B visa for the same employer A,my I-94 has L1 on it.

My H1B visa is not cancelled and hence I have both H1 and L1 visa from same employer A

2. I got offer from Company B where they are ready to transfer H1B.
my questions is

a. can I transfer my H1B from Employer A to Emplyer B?what will happend to L1B visa and I-94 of Employer A
b.what will happen to I-94? will it get converted to H1 from L1B?if yes, new I-94(H1) will come when I get reciept or it will come when my petetion gets approved?
c. when can I start working for Employer B?I know that once the receipt comes I can start working, but within what time frame the reciept comes?
d.can I leave Employer A with two weeks notice? or it is not allowed to quit the company when on L1B?

[itzprams]

a. can I transfer my H1B from Employer A to Emplyer B?what will happend to L1B visa and I-94 of Employer A

--Yes, you need recent pay stubs to prove that you are in status.
--L1 is employer specific. It becomes invalid after you change employer. You need to retain all I-94s to return it back at airport while going out of USA.

b.what will happen to I-94? will it get converted to H1 from L1B?if yes, new I-94(H1) will come when I get reciept or it will come when my petetion gets approved?

--You will get a new I-94 upon an approval of H1B.
--All I-94s you are holding must be returned back while going out of US.

c. when can I start working for Employer B?I know that once the receipt comes I can start working, but within what time frame the reciept comes?

--This is change of status from L1-H1, You cannot start working for employer B unless H1 gets approved.
--Receipt comes almost immediate after receipt of a petition by USCIS. Within few days.

d.can I leave Employer A with two weeks notice? or it is not allowed to quit the company when on L1B?

--It is an employment at will, you can quit any time. But it is always wise to give courtesy notice of at least 2 weeks. Read your contract with an employer A.
--If you quit employer A while H1 is in process, you becomes illegal as you have lost L1 status and H1B is not yet approved.

[sachin2005]

H1 transfer

Hi,

Thanks for your reply,but I have another question,as I have written in 1st point

I have H1B and L1B visa from the same Employer A, when I was in US last year, I was on H1B(which is still stamped) which is valid till 2010 Dec and I went to India and came back this year(my Employer filed L1B but USCIS did not cancel my H1B - it is not cancelled on passport) on L1B visa for the same employer A,my I-94 has L1B on it.


here, I can not convert H1B to H1B? I have H1B and L1B both valid from current employer A.I am on L1B with current employer A and my I-94 has L1B but I also have H1B valid through Dec 2010(I have petition for both the visas) for Employer A.

Please help

[itzprams]

here, I can not convert H1B to H1B?
I have H1B and L1B both valid from current employer A.I am on L1B with current employer A and my I-94 has L1B but I also have H1B valid through Dec 2010(I have petition for both the visas) for Employer A.

--You can convert L1B to H1B anytime you want(through an employer).
--You cannot start working for employer B until L1B-H1B COS gets approved.
--You cannot start working for employer B upon receiving receipt as this is change of status (COS)
--You can ask employer B to file premium processing
--You have both visas doesn't mean you can switch to any status any time. You have to follow immigration procedures.
--Consult an attorney if you still have confusions.