H1B transfer without pay stubs- never worked with that employer

[hpsbsr]

Hi,

I am currently on L1B visa for past 8 months. I have however got my H1 through a second employer. I however am continuing on L1B with my present employer.

My question is, can I tranefer my H1B visa to a third employer (from second). I have not worked with second employer and thus dont have any pay stubs for the H1 visa transfer.

Please advise.

Thanks,
HPS

[kabkaba]

First of all if the H1 petition was approved with an I-94 (with change of status) then your current status may be H1 and not L1. Your employment with L1 employer in that case is illegal and that makes you out of status. Were you in the US when H1 was filed? Was it approved with change of status? Have you traveled outside the US after that and received a new I-94?

Another employer can file an H1 petition for you at any time, but if you current status is not clear it will be approved without change of status. You can (and must) start working for H1 employer only when your latest I-94 (at POE or on approval notice) is of category H1. If your latest I-94 is somehow L1, then you will need to prove your L1 status by showing L1 paystubs and then H1 may be approved with change of status.

[hpsbsr]

H1B transfer without pay stubs- never worked with that employer

Thanks Kabkaba,

I currently am on L1B and my I-94 is through L1B only. Its just that my H1B has been applied by second employer and the petition has been approved. I am currenly in US on my L1B visa only.

Yes I was in US when the H1B petition was filed. (was on L1B then and still continues to be in L1B).

What shall be the process to change my employer -current L1B to the second employer who has filed H1B for me. And more importantly what I i dont join this second employer and rather want to join a third employer altogether against this H1B visa that has been filed by second employer?

Am sorry but this change of status concept is unknown to me, could you please throw some more light on it. Sorry for being naive here.

I appreciate the detail information that you have provided.

regards,
hpsbsr

[shervin143]

Did your H1B approval come with a new I-94 attached to it? If yes, then you should be working for the H1B employer now and your employment with the L1 employer is illegal. In such case, a change of status is not possible. Consult an immigration attorney.

Thanks Kabkaba,

I currently am on L1B and my I-94 is through L1B only. Its just that my H1B has been applied by second employer and the petition has been approved. I am currenly in US on my L1B visa only.

Yes I was in US when the H1B petition was filed. (was on L1B then and still continues to be in L1B).

What shall be the process to change my employer -current L1B to the second employer who has filed H1B for me. And more importantly what I i dont join this second employer and rather want to join a third employer altogether against this H1B visa that has been filed by second employer?

Am sorry but this change of status concept is unknown to me, could you please throw some more light on it. Sorry for being naive here.

I appreciate the detail information that you have provided.

regards,
hpsbsr