L1 to H1 COS to old company ....Best Option among two

[shervin143]

1) H1 transfer gets rejected..I can still work with my old employer provided I have not quit my old employer...Correct ?
>>> Correct.

2) H1 transfer gets approved with a new I-94..I can shift to the new employer....Correct ?
>>> You can either join the new employer or decide to work for the current employer. It is up to you.

3) A little confusing....suppose H1 transfer gets approved without new I-94....Do I have the option then to continue with the old employer on basis of old I-94 or is it necesary to go to India and get a Visa stamp and work for the new employer.....
>>> You can continue to work for the current employer. If you want to join the new employer, then you will have to leave the country and return back with the new employer petition and a valid H1B visa. By showing the new employer's H1B approval notice at the POE, you will get a I-94 associated with that employer which will allow you to work for them.

[kattu786]

1) H1 transfer gets rejected..I can still work with my old employer provided I have not quit my old employer...Correct ?
>>> Correct.

2) H1 transfer gets approved with a new I-94..I can shift to the new employer....Correct ?
>>> You can either join the new employer or decide to work for the current employer. It is up to you.

3) A little confusing....suppose H1 transfer gets approved without new I-94....Do I have the option then to continue with the old employer on basis of old I-94 or is it necesary to go to India and get a Visa stamp and work for the new employer.....
>>> You can continue to work for the current employer. If you want to join the new employer, then you will have to leave the country and return back with the new employer petition and a valid H1B visa. By showing the new employer's H1B approval notice at the POE, you will get a I-94 associated with that employer which will allow you to work for them.

Shervin,

Based on my above summary , I just want your suggestion , should I go ahead and transfer the H1 to the new employer (my previous L1 emp ) from my current H1 empployer just after 2 months of service.I hope this should have any problem in stampin.

Also...please let me know at the time of stamping (looking at the current scenario), what should I answer for "Have you ever violated visa status"?

[shervin143]

Based on my above summary , I just want your suggestion , should I go ahead and transfer the H1 to the new employer (my previous L1 emp ) from my current H1 empployer just after 2 months of service.I hope this should have any problem in stampin.
>>> Transferring the H1B within 2 months should not be a concern for stamping. At the time of stamping all they look for is your current employer's reputation in following the immigration laws, the documents you carry and your background (criminal history, fraud etc).

Also...please let me know at the time of stamping (looking at the current scenario), what should I answer for "Have you ever violated visa status"?
>>> If you have violated, then answer YES. If they figure out then it could be a problem.

[kattu786]

Based on my above summary , I just want your suggestion , should I go ahead and transfer the H1 to the new employer (my previous L1 emp ) from my current H1 empployer just after 2 months of service.I hope this should have any problem in stampin.
>>> Transferring the H1B within 2 months should not be a concern for stamping. At the time of stamping all they look for is your current employer's reputation in following the immigration laws, the documents you carry and your background (criminal history, fraud etc).

Also...please let me know at the time of stamping (looking at the current scenario), what should I answer for "Have you ever violated visa status"?
>>> If you have violated, then answer YES. If they figure out then it could be a problem.

.


Shervin,

I was working 17 days extra for the L1 employer after getting the h1 approval notice.I was getting paid.There is no gap in my pay stubs.......Does that mean that I have violated visa staus and I should answer "Yes" to "Have you ever violated visa status"?

[shervin143]

Technically, YES.

.


Shervin,

I was working 17 days extra for the L1 employer after getting the h1 approval notice.I was getting paid.There is no gap in my pay stubs.......Does that mean that I have violated visa staus and I should answer "Yes" to "Have you ever violated visa status"?

[kattu786]

Technically, YES.

Shervin...Thanks a lot for all the help...

Can you please let me know whats the process for h1 transfer..i.e what do they verify during an h1 transfer process...technically its a new petition which is cap-exempt.

[shervin143]

Yes, it is a new petition using the CAP from the previous H1B approval notice. The process for the transfer is same as a fresh new H1B. They verify everything that you submit. If something is missing they will issue you an RFE for additional proof.

Shervin...Thanks a lot for all the help...

Can you please let me know whats the process for h1 transfer..i.e what do they verify during an h1 transfer process...technically its a new petition which is cap-exempt.

[kattu786]

Yes, it is a new petition using the CAP from the previous H1B approval notice. The process for the transfer is same as a fresh new H1B. They verify everything that you submit. If something is missing they will issue you an RFE for additional proof.

Shervin....

Sorry..I think it just went in loop.I would be submitting all the docs for H1 transfer.These docs won't have anything relating to my previous employment with L1.What I mean to ask is can that 17days employment with the L1 after H1 approval can create issues with the transfer process and does any of the documents I submit suggest that (17 days employment).You already answered this before saying that it all depends on VO but depending on your previous experience (if you know any) with such cases what are the chances....

I am sorry if I am overreacting to this.

[shervin143]

No one can predict. Hopefully there will be no issues as your were not out of status for a long time. This isn't something a forum member can predict. You need to try and find it out for yourself.

Shervin....

Sorry..I think it just went in loop.I would be submitting all the docs for H1 transfer.These docs won't have anything relating to my previous employment with L1.What I mean to ask is can that 17days employment with the L1 after H1 approval can create issues with the transfer process and does any of the documents I submit suggest that (17 days employment).You already answered this before saying that it all depends on VO but depending on your previous experience (if you know any) with such cases what are the chances....

I am sorry if I am overreacting to this.

[kattu786]

No one can predict. Hopefully there will be no issues as your were not out of status for a long time. This isn't something a forum member can predict. You need to try and find it out for yourself.

.

Thx a lot for your patience and help

[kattu786]

.

Thx a lot for your patience and help

Shervin,

One small question more, In case there are any issues in h1 transfer , Can I used my old L1 visa (valid till July 2012) to reenter USA after I have already worked for H1 employer for 2 months.At that time though , I would not be a employee of my L1 employer , I can arrange for a new offer letter from him.


If yes , do I need a new offer letter from my old L1 employer.I have the old petition with me.

[shervin143]

Yes. You need a new employment verification letter from your L1 employer.

Shervin,

One small question more, In case there are any issues in h1 transfer , Can I used my old L1 visa (valid till July 2012) to reenter USA after I have already worked for H1 employer for 2 months.At that time though , I would not be a employee of my L1 employer , I can arrange for a new offer letter from him.


If yes , do I need a new offer letter from my old L1 employer.I have the old petition with me.

[kattu786]

Yes. You need a new employment verification letter from your L1 employer.

At the POE , should I carry my paystubs from H1 employer (potentially they can ask for that) ?

Secondly , Can my L1 employer (after my joining) file for a new h1 (as I would be cap exempted) and then I can continue working with the same employer.

[shervin143]

At the POE , should I carry my paystubs from H1 employer (potentially they can ask for that) ?
>>> Yes.

Secondly , Can my L1 employer (after my joining) file for a new h1 (as I would be cap exempted) and then I can continue working with the same employer.
>>> Yes.