Reentered L1 to H1 transfer

[needachange]

I got H1 approved(with COS) from H1Company on Aug 2009. On Nov 2009 I reentered US(I was on L1 from L1Company) on new L1 visa through L1Company as my prev L1 Visa got expired. I didn't join H1Company yet.
Now H1Company is willing to place me with a project.I am happy with that too. .Note thatH!Company is a desi consultancy/recruiter kinda.
1.Could you please tell me what are the options open to move to H1Company.
2.If your answer for Q1 are Premium H1Amendment,Going back to India;get stamped etc... which one is more reliable?(considering I have a client letter with me)
3.What should I do if I need to join a XCompany with the H1 approval from H1Company?
4.How long can I postpone joining H1Company?
5.If I go back to India for H1 stamping and H1 gets rejected, is my L1 still valid to come back and join L1Company(As per my understanding its a yes, but is there any complications/risks?)

[shervin143]

1.Could you please tell me what are the options open to move to H1Company.
>>> You can apply for a COS from L1 to H1B. If the COS gets approved, then you can work for the H1B employer. It takes 2-3 months for the COS to get approved/rejected by normal process and 15 days by premium. Or alternatively, you can go and get the H1B stamped and re-enter in H1B visa.

2.If your answer for Q1 are Premium H1Amendment,Going back to India;get stamped etc... which one is more reliable?(considering I have a client letter with me)
>>> COS to H1B is the best approach. That way, if the COS gets denied, you can continue to work with the L1 employer.

3.What should I do if I need to join a XCompany with the H1 approval from H1Company?
>>> You can do a transfer to the new H1B company. All that you need is the receipt number from the existing H1B approval notice (Copy of the approval notice will help a lot).

4.How long can I postpone joining H1Company?
>>> You can join whenever you want (as long as the petition remains valid). If you decide not to join them, that is fine too.

5.If I go back to India for H1 stamping and H1 gets rejected, is my L1 still valid to come back and join L1Company(As per my understanding its a yes, but is there any complications/risks?)
>>> That depends on the VO. If your L1 visa is not cancelled, you can travel back in L1 and work for the L1 employer. If the L1 visa gets cancelled along with the H1B rejection, then you need to get the L1 stamped again.

[needachange]

Thanks shervin143 ! That was so fast.

I have few worst case scenarios.

1. What happens if my H1 gets rejected when I go for H1 transfer(COS,probably by premium processing) .. will that h1 approval help me further by any chance ?

2.What will be the situation(while working for H1Company) if the project under the H1Company gets over and they are not ready to run my payroll until I get next project?

3.is there any time restrictions on moving from the H1Company to XCompany later?

will think of more

[shervin143]

1. What happens if my H1 gets rejected when I go for H1 transfer(COS,probably by premium processing) .. will that h1 approval help me further by any chance ?
>>> If the H1B gets rejected, you remain in L1 status. You can find a better employer and transfer it again later.

2.What will be the situation(while working for H1Company) if the project under the H1Company gets over and they are not ready to run my payroll until I get next project?
>>> Simple. Don't join those kind of companies. While you are in H1B, they need to pay you. If they can't, then they should cancel your petition.

3.is there any time restrictions on moving from the H1Company to XCompany later?
>>> Yes. Before the end of your last pay slip. After that you will be out of status and a transfer is not possible.

[needachange]

Thanks shervin143!

1.If I go for H1 Stamping in India(ie. not going for H1 ammendment),is there a chance of my L1 getting rejected if they reject my H1? Does the office has the power to cancel my L1 when I go for H1 stamping.

2.Can I come over on my L1 if my H1 gets stamped?

3.Whats the process of moving to H1 company once I come back to US on L1(and H1 Stamped).

[shervin143]

1.If I go for H1 Stamping in India(ie. not going for H1 ammendment),is there a chance of my L1 getting rejected if they reject my H1? Does the office has the power to cancel my L1 when I go for H1 stamping.
>>> Ofcourse, the U.S consulate has all the power to cancel any U.S visa they want. If the cause of the visa rejection is YOU, then they might cancel your L1 when your H1B gets rejected.

2.Can I come over on my L1 if my H1 gets stamped?
>>> You can have only 1 work visa at a time. Once H1B visa gets stamped, your L1 will be cancelled.

3.Whats the process of moving to H1 company once I come back to US on L1(and H1 Stamped).
>>> See above answer. If you want to come back on L1, then you cannot shouldn't go for H1B stamping. After coming back to U.S in L1, apply for a COS to H1B and when that gets approved, you can work for the H1B employer.

[needachange]

Awesome shervin143!
Whats the process for my L1Company to take over my Approved H1 from H1Company ?

[shervin143]

They should apply a COS to H1B from L1. Give them a copy of your existing H1B approval notice. That will help to prove that you are already CAP counted.

Whats the process for my L1Company to take over my Approved H1 from H1Company ?