Transfer process for H1 B visa (under “consular processing” category)

[pankaj_sebs]

>> I currently work with organization A and am on L1A visa in the US.

>> I applied for another Visa - H1B - in April - thru a different organization (let's say B).

>> The H1 thru organization B was approved in October, 09 under “consular processing” category (and with no I-94)

>> I continued working for organization A and retained my L1 visa status. I took some advise and was told that since H1 B Visa is approved under “consular processing category” - I can do a direct L1 to H1 transfer (thru overseas consulate stamping) and would not need the paystubs from organization B.

>> I now have an offer from organization C and am wanting to transfer the H1 to them. However, I am told by organization C that the same is not possible.

I am requesting for the urgent views on this topic.

Also, if in case direct transfer is possible and without the paystubs from organization B >> please outline a detailed process that I can share with organization C. Please note the H1 is under “consular processing" category and NOT "change of status"

[shervin143]

They need to file a new CAP excempt H1B petition (Since you are already CAP counted - Just give them a copy of your approval notice). If the H1B with company C is approved with COS, then you can start working for them. If it gets approved with Consular Processing, then you need to get the H1B stamped before you can work for them. If denied, keep working for the L1 employer. No need for pay stubs from Company B since you were never on H1B status and you never worked for them. However, you will need to prove that you were in valid L1A status by providing pay slips from Company A.

[pankaj_sebs]

Thanks and one more question

Thanks very much. One more question...

How much time it will take Company C to get an approval for the new CAP excempted H1B petition (since I am already CAP counted)

Basically, when can I start working for them? Can I start working just after confirmation of the filing of new CAP exempted H1B petition? How many days that would typically take?

[shervin143]

Answers below.

Thanks very much. One more question...

How much time it will take Company C to get an approval for the new CAP excempted H1B petition (since I am already CAP counted)

>>> 2-3 months by normal process and 15 days by premium process.

Basically, when can I start working for them? Can I start working just after confirmation of the filing of new CAP exempted H1B petition? How many days that would typically take?

>>> Did you read the previous answer clearly? Your COS need to get approved for you to work.

[pankaj_sebs]

Thanks

Thanks a lot... you have created some hope for me to deal with this situation... Thanks once again.

[pankaj_sebs]

Transfer to H1 B Denied

The prospective employer went ahead and applied for transfer to H1 B using the premium process. USCIS had an RFE and later denied the H1 B transfer application. What could be my options?

I really want to work for this new employer. Please note I have other offers as well.

[pankaj_sebs]

Urgent: requesting an urgent reply on the text in last post.

Urgent: requesting an urgent reply on the text in last post.

Also, what would be a better option >> to pursue an MTR thru the company that has filed for H1 transfer (and has received denial) or file for a new transfer thru another company. What is the SLA for MTR resolution esp. if the transfer was under the premium process.