L1 to H1B Transfer Query...Urgent..!!!!!!!

[rockey123]

Hi Guys,

I am curently on L1B with company A.
Company B is going to file H1B for me.I have following questions on this regard...

1> I believe COS will be applied once my H1B is approved. Is that correct or both H1b and COS application can be done at the same time ?

2> How much time I'll get to leave company A once my H1B is approved ?

3> Can I start working for company B after my H1B is approved but COS is pending or not yet applied ?

4> If my H1B is approved and COS is not yet applied Can I continue working for Company A on L1B ? If YES then how long the H1B will be valid ?

5> If H1B and COS both are approved Can I still continue working on L1B for company A ?

6> Once my H1B is approved Can I transfer this new H1B to Company A ( my L1 employer) from Company B and continue working for Company A with H1 status ?

[shervin143]

1> I believe COS will be applied once my H1B is approved. Is that correct or both H1b and COS application can be done at the same time ?
>>> It depends on how your H1B employer files the H1B petition. They can either file it as consular process or COS. If they file it as COS, then when the H1B petition gets approved, your status will change to H1B (The approval notice will come with a new I-94).

2> How much time I'll get to leave company A once my H1B is approved ?
>>> It the petition is filed as consular process, then you can take your time and when you are ready to move to H1B, you will have to leave the country, get the H1B stamped and return back in H1B visa. There is also an option of applying a COS at that time, but that will take 2-3 months by normal process or you will have to file it in premium which will take an additional $1000. Until the COS gets approved, you cannot work for the H1B employer.

3> Can I start working for company B after my H1B is approved but COS is pending or not yet applied ?
>>> No. Your COS need to be approved for you to work for the H1B employer.

4> If my H1B is approved and COS is not yet applied Can I continue working for Company A on L1B ?
>>> Yes

If YES then how long the H1B will be valid ?
>>> That information will be in your approval notice. Petition remains valid until the expiry date or until revoked by your employer.

5> If H1B and COS both are approved Can I still continue working on L1B for company A ?
>>> No. Your employment with L1 employer beyond the H1B approval (as COS) will become illegal.

6> Once my H1B is approved Can I transfer this new H1B to Company A ( my L1 employer) from Company B and continue working for Company A with H1 status ?
>>> Possible. For that, Company B should apply your H1B as a consular process, so that you can continue to work for the L1 employer. Then based on the approved H1B petition, company A can file a H1B transfer with a COS from L1 to H1B.

[rockey123]

Hi Shervin,

Thanks for your response...it will be a gr8 help for me.
I have couple more question for you.

1> What is the normal processing time for H1B regular and premium ?

2> If I decide not to go for H1B after my application is submitted, How can I do that ? Can I withdraw my H1B application once it is in process ? In that case Can I continue to work for Company A with L1B ?

[shervin143]

1> What is the normal processing time for H1B regular and premium ?
>>> 2-3 months by normal process and 15 days by premium.

2> If I decide not to go for H1B after my application is submitted, How can I do that ? Can I withdraw my H1B application once it is in process ? In that case Can I continue to work for Company A with L1B ?
>>> H1B is an employer's petition. It can be withdrawn by the employer if required, provided the petition hasn't been taken for processing.

[rockey123]

1> What is the normal processing time for H1B regular and premium ?
>>> 2-3 months by normal process and 15 days by premium.

2> If I decide not to go for H1B after my application is submitted, How can I do that ? Can I withdraw my H1B application once it is in process ? In that case Can I continue to work for Company A with L1B ?
>>> H1B is an employer's petition. It can be withdrawn by the employer if required, provided the petition hasn't been taken for processing.

Shervin,

Thnx again for ur response...Have one more question on this context..

Once my H1B is approved with COS is there any way I can still continue to work for Company A with L1B ? Somebody told I can leave the country and enter once again with L1B status, Is that correct ?

[shervin143]

Once my H1B is approved with COS is there any way I can still continue to work for Company A with L1B ? Somebody told I can leave the country and enter once again with L1B status, Is that correct ?
>>> That is possible. You should leave the country immediately before the COS to H1B gets effective (Make sure you return your I-94 when you leave the country) and return back in L1 visa, which will put you back in L1 status.

[rockey123]

H1B transfer

Thanx Shervin for replying.....I have some more confusions...
While Company B has applied my H1B and it is still in process, Company C has agreed to recruit me. They are ready to file new H1B or transfer existing H1B for me. Also I am now willing to join Company C without working for CompanyB .
How should I proceed ? Is there any risks involved doing that ?
Plz advice.

[rockey123]

@ shervin

I am still waiting for your reply...really confused right now..plz help

[shervin143]

No issues. Company C can transfer your H1B petition using your existing petition from Company A. I hope the existing petition with Company A is still valid and your I-94 is still valid too.

[rockey123]

No issues. Company C can transfer your H1B petition using your existing petition from Company A. I hope the existing petition with Company A is still valid and your I-94 is still valid too.

In that case I will have TWO h1b applications in the processing state simultaneously through CompanyB and CompanyC. Will that be all right ?
/In other words Is it legal to file TWO H1b applications through Different employers ?
If this is legal and both are approved then Can I choose which employer to join ?

If H1 and COS through CompanyB is approved earlier Can I continue working with L1B with CompanyA waiting for H1 and COS through CompanyC gets approved or I have to leave CompanyA immediately once H1 and COS through CompanyB is approved ?

[shervin143]

In that case I will have TWO h1b applications in the processing state simultaneously through CompanyB and CompanyC. Will that be all right ?
>>> That is okay. But there are rare cases where USCIS have informed the employers to decide who will actually hire the applicant.

/In other words Is it legal to file TWO H1b applications through Different employers ?
>>> Yes.

If this is legal and both are approved then Can I choose which employer to join ?
>>> Yes.

If H1 and COS through CompanyB is approved earlier Can I continue working with L1B with CompanyA waiting for H1 and COS through CompanyC gets approved or I have to leave CompanyA immediately once H1 and COS through CompanyB is approved ?
>>> You need to leave company A since your status is no longer L1. Change of status (COS) has taken effect and your status is H1B. You need to be working for the H1B employer and get paid to maintain the immigration status.

[rockey123]

In case my H1b through company B approved earlier than companyc, Is there any way I can start working for companyc without joining companyB at all ?
Actually I don't want to join companyB,want to join companyC directly from companyA...what should I do ?

[shervin143]

If you don't want to work for Company B, then ask them to withdraw their petition. That will less complicate things for you. That way, your COS from L1 to H1B with Company B will not get approved.

Otherwise, you can leave the country and return back in L1 visa to continue to work for the L1 employer. Later when the COS from L1 to H1B with company C gets approved, You can work for Company C (Provided that petition gets approved with a new I-94).

[rockey123]

If you don't want to work for Company B, then ask them to withdraw their petition. That will less complicate things for you. That way, your COS from L1 to H1B with Company B will not get approved.

Otherwise, you can leave the country and return back in L1 visa to continue to work for the L1 employer. Later when the COS from L1 to H1B with company C gets approved, You can work for Company C (Provided that petition gets approved with a new I-94).

It's not that I don't want to work for companyB. Actually I prefer companyC more than companyB. If I ask companyB to withdraw my application and eventually application through companyC does'nt get approved then I will be in trouble.
Any solution for that ?

[shervin143]

All solutions have been already discussed. You have to make up your mind. If the petition filed by company B gets approved, then you can no longer work for the L1 employer unless you leave the country and return back in L1 visa. Alternatively, you can work for Company B when their petition gets approved and later when the petition with Company C gets approved, you can quit Company B and join Company C. I don't see any other options apart from this.

It's not that I don't want to work for companyB. Actually I prefer companyC more than companyB. If I ask companyB to withdraw my application and eventually application through companyC does'nt get approved then I will be in trouble.
Any solution for that ?