L1B TO H1B transfer

[skt]

Hi,

I am presently on L1B in USA with a company A. Now, another company B would like to process H1B for me (Change of status).

In this regard, I would like to know the process and time taken for this. Also, till what time I can work with Company A provided the process go through successfully ( I mean, will I have heads up to give notice or I will have to switch the company as soon the approval comes. ).

Any links or information in this regard is appreciated.
Thanks

[shervin143]

Is your new employer filing your H1B under a new CAP or under an existing H1B CAP that you hold from your previous H1B approval?

If it is a new CAP, then your H1B will be effective only on Oct 1st. Upon approval, you can continue to work for the L1 employer until the end of September. Starting Oct 1st, you should be employed with H1B sponsor.

If the H1B is filed using an existing CAP and if the employer has requested an immediate start date, then upon approval you should immediately start working for the H1B employer. Any employment with the L1 employer beyond the H1B effective date is considered illegal.

[skt]

I never applied for H1B till now. So, I am assuming it will be from new quota. Also, my I-94 (which is presently on L1B) also changes from OCT 1ST only ?

Thanks a lot for the information.

[shervin143]

Your current I-94 won't change. You will get a new I-94 with the H1B approval which will override your status from L1 to H1B starting October since the effective date of the H1B will be Oct 1st. Remember to detach the new I-94 that comes with the H1B approval notice and attach it to your passport.

I never applied for H1B till now. So, I am assuming it will be from new quota. Also, my I-94 (which is presently on L1B) also changes from OCT 1ST only ?

Thanks a lot for the information.

[skt]

Your current I-94 won't change. You will get a new I-94 with the H1B approval which will override your status from L1 to H1B starting October since the effective date of the H1B will be Oct 1st. Remember to detach the new I-94 that comes with the H1B approval notice and attach it to your passport.

Thank you for the clarification. This helps.