L1 to H1 transfer after 2 years

[helpseeker1983]

Hi,

I am in US with company A on L1 B. Company B applied for H1 with COS in 2009 cycle and it got approved. But I converted back from H1 to L1 by moving out from US. So now my Current Status is L1 B and I have H1 Petiton with expiry date of Sept 2012.

Got following queries:

1> I am happy with company A (L1 B) but if i want to switch to H1, may be after 2 year say in 2011, then will my H1 b petiton become void because I didn't use that for 1 year.
I heard from someone that if you don't use your H1 for 1 year then It will become void. Is it true or just a rumor ?

2> If company B cancles my H1 B coz I am not working with them and Company C wants to apply H1 then can company C use my unused H1 B by applying Change of status or company C has to start the whole H1 B process again like going from quota or lottery and from Oct i can start working etc. ?

Thanks in advance

[shervin143]

Answers below.

Hi,

I am in US with company A on L1 B. Company B applied for H1 with COS in 2009 cycle and it got approved. But I converted back from H1 to L1 by moving out from US. So now my Current Status is L1 B and I have H1 Petiton with expiry date of Sept 2012.

Got following queries:

1> I am happy with company A (L1 B) but if i want to switch to H1, may be after 2 year say in 2011, then will my H1 b petiton become void because I didn't use that for 1 year.
I heard from someone that if you don't use your H1 for 1 year then It will become void. Is it true or just a rumor ?
>>> There is no such thing.

2> If company B cancles my H1 B coz I am not working with them and Company C wants to apply H1 then can company C use my unused H1 B by applying Change of status or company C has to start the whole H1 B process again like going from quota or lottery and from Oct i can start working etc. ?
>>>> You cannot use the approval notice of one company to work for another. Company C need to file a new H1B petition on your behalf and it should get approved for you to work for them. You are already CAP counted. So no need to go through quota/lottery. You just need to provide a copy of the existing approval notice to them to prove that you are CAP counted.

Thanks in advance

[helpseeker1983]

Thanks for the quick response. I do have one more question.

>As per answer for 2nd question Company C has to file new H1 B petition. So it will be like H1 B transfer ?
and I don't have to wait for Oct to start work for new company likewe did in fresh h1 ?

[shervin143]

That is correct.

Thanks for the quick response. I do have one more question.

>As per answer for 2nd question Company C has to file new H1 B petition. So it will be like H1 B transfer ?
and I don't have to wait for Oct to start work for new company likewe did in fresh h1 ?

[msr333]

Similar query

I have a similar question, I do not have the h1 approved papers with me it's with the current companyA with whom I am working on L1.
But I have the Approved H1 receipt number,Is that sufficient to get my H1 processed with company B.

[shervin143]

Yes. You just need to be 100% sure that it is your receipt number.

I have a similar question, I do not have the h1 approved papers with me it's with the current companyA with whom I am working on L1.
But I have the Approved H1 receipt number,Is that sufficient to get my H1 processed with company B.

[msr333]

Thank you for the response,
One more question , Once Company B processes my H1 and approval is recieved, will I have to immediately stop working on L1 for Company A.

[shervin143]

It depends on whether Company B applies the H1B as a COS from L1 or not. If the approval comes with a new I-94 (I797A), then you need to stop working for your L1 employer starting the effective "Valid From" date on the new I-94. If the approval comes as a consular process (I-797B - without a new I-94), then you can continue to work for the L1 employer. When you are ready to work for Company B, you need to leave the country, get the H1B stamped, re-enter in H1B and start working for Company B.

Thank you for the response,
One more question , Once Company B processes my H1 and approval is recieved, will I have to immediately stop working on L1 for Company A.

[rajivraman73]

L1-h1

I have a similar question,I am currently working on L1 and have a Approved H1 petition with the same company, which expires 31-May-2010.

If I apply for COS from L1-H1 from a different company, and I recieve the
I-94, will the validity of it be beyond 31-May-2010.

[shervin143]

Validity will be as requested by the employer. If the start date of the project os October (The one that was metioned while filing the H1B petition), then the start date will be on October to whatever project itenary that was provided by the employer (To a max of 3 years).

I have a similar question,I am currently working on L1 and have a Approved H1 petition with the same company, which expires 31-May-2010.

If I apply for COS from L1-H1 from a different company, and I recieve the
I-94, will the validity of it be beyond 31-May-2010.

[msr333]

L1 to H1 transfer

I am currently on L1 Visa and applying for a L1-H1 Transfer. When can I start my new job on H1. Do I have to wait for the H1 approval, or is it sufficient if I receive the reciept number from USCIS.My current I-94 on L1 is till May 2011.

[shervin143]

The COS to H1B need to be approved for you to start working for the H1B employer. The effective date of the COS will be printed on the approval notice. Until the H1B COS effective date, you have to maintain your L1 status.

I am currently on L1 Visa and applying for a L1-H1 Transfer. When can I start my new job on H1. Do I have to wait for the H1 approval, or is it sufficient if I receive the reciept number from USCIS.My current I-94 on L1 is till May 2011.

[msr333]

H1-l1

If I am moving out of country and coming back , to change status back from
H1 to L1, then do I have to surrender both the L1 and H1, I-94's while leaving the country at the airport.

[shervin143]

Yes. You eed to return all the I-94s when you leave the country.

If I am moving out of country and coming back , to change status back from
H1 to L1, then do I have to surrender both the L1 and H1, I-94's while leaving the country at the airport.

[ranrajiv]

L1-hI

I am planning to change back to L1 status, but do not have the new I-94 with me, it's with my employer wo did my H1. Will it be a problem at port of entry when coming back to US if I only return the I-94 of L1 while leaving US.