L1 to H1B status change

[shilpas]

I am working in US on L1 visa for past 2 years. I also applied for H1B and that got approved. I have approved petition valid till 2011 with current employer(A) but didn't work with him. Now I got an offer from company(B).
Query : I am on L1 with company(C) and want to change the status to H1B for working under employer(B). Is this possible.
Note: I have not yet worked with employer(A) who holds my H1B. My current visa status is L1.
Any clarification on the case is highly appreciated.

Thanks,
Shilpa

[shervin143]

I am working in US on L1 visa for past 2 years. I also applied for H1B and that got approved. I have approved petition valid till 2011 with current employer(A) but didn't work with him. Now I got an offer from company(B).
>>> Did the petition get approved as a COS to Consular process?

Query : I am on L1 with company(C) and want to change the status to H1B for working under employer(B). Is this possible.
>>> Yes. Company C will need to file a COS from L1 to H1B. When that gets approved, you can start working for them.

Note: I have not yet worked with employer(A) who holds my H1B.
>>> That is okay. A copy of the petition from employer A will help in filing the COS under the same CAP.

My current visa status is L1.
>>> Well, that depends on the answer to my first question. Was the H1B approved as a COS to Consular process? If it is a COS, how did you get back To L1 status?

[shilpas]

L1 to H1B status change

Thanks for the reply.

Let me try to explain my case more clearly.

I was working in US on L1 visa with company A. While I was working here, I got an offer from company B, which filed for my H1B in 2008. The petition got approved but I didn't join the Company B due to some reasons.

Now Company B holds my H1B, but I am still working on L1 visa with company A.

I got another better offer from company C, and I want to join C. C is ready to file H1B transfer from Company B.

Query : My question is whether I can get H1B transferred, because I have never worked with Company B? If yes, what all things I or Company C needs to do to make it happen?

Thanks for your help.

[shervin143]

You didn't answer my previous question. Did the H1B get approved as a COS (Approval notice with new I-94) or Consular Process?

[shilpas]

I didn't get a new I-94, because I was outside US when I applied for H1B. I am not sure what is consuler process, but I guess my H1B would be through Consuler process.

[shervin143]

Query : My question is whether I can get H1B transferred, because I have never worked with Company B?
>>> Possible. Company C can file a COS from L1 to H1B using the CAP from the existing H1B approval notice. Give company C a copy of the H1B approval notice or at least the receipt number.

If yes, what all things I or Company C needs to do to make it happen?
>>> Company C will need to file a COS from L1 to H1B on your behalf. Once the COS gets approved, you can work for Company C. You can no longer continue with the L1 employer once the COS gets approved.

Here is the list of doucments that you need to provide Company C

http://www.immihelp.com/forum/showthread.php?t=75721

Here is a similar post
http://www.immihelp.com/forum/showthread.php?t=75944

[shilpas]

Appreciate your help.