L1B to H1B COS Petition in Process. Can a new H1B be filed?

[visa_query05]

Hi,

I am currently on L1B. My current employer ABC has filed for L1B to H1B transfer COS. (Thus my H1B would become active from 1st Oct'2010). It has not been approved yet.

I have following queries. Any help would be highly appreciated.

Queries:

1) Can a different employer XYZ file another L1B to H1B transfer with COS? If yes, assuming that both the transfers get approved, will I have the option of choosing one of them from 1st Oct'2010? If not which one will override the other?

2) Assuming L1-H1B COS filed through ABC gets approved in August. Can XYZ file H1b transfer in August/Sept or do I have to wait till Oct ( and get 1-2 pay slips) before XYZ can file for a H1B transfer?

Thanks

[shervin143]

1) Can a different employer XYZ file another L1B to H1B transfer with COS?
>>> Yes.

Assuming that both the transfers get approved, will I have the option of choosing one of them from 1st Oct'2010?
>>> Yes.

2) Assuming L1-H1B COS filed through ABC gets approved in August. Can XYZ file H1b transfer in August/Sept or do I have to wait till Oct ( and get 1-2 pay slips) before XYZ can file for a H1B transfer?
>>> XYZ can file the transfer in August. You cannot work until Oct 1st.

[visa_query05]

Thanks.

Also there is a big gap between the H1B salary my current company ABC will be paying me and the H1B salary new employer XYZ would be paying me. (60%-70% more).

Will this difference in salary be an issue?

[shervin143]

NO. As long as company ABC is paying you as per the approved LCA, you are all good.

[visa_query05]

Thanks Shervin. Appreciate your quick and clear responses.