L1 to H1 Transfer

[jaytiwari]

Hi,

I have been laid off by my current employer and my last day with my current employer is 30 sep 2012. I am on L1 visa valid though Sep 2013. I have requested my current employer to file H1b so that I can take transfer which they agree.

Now my question is if new H1b is approved can i still work on L1 as the start date of new H1b has to be Oct 01, 2012. If yes Can I take transfer H1b in October to another employer without working single day on new H1b under current employer?

Please advise.

[shervin143]

I have been laid off by my current employer and my last day with my current employer is 30 sep 2012. I am on L1 visa valid though Sep 2013. I have requested my current employer to file H1b so that I can take transfer which they agree.
>>> Instead of asking the current employer to file the H1B, it is advisable to find another employer who can file a COS from L1 to H1B. So that, you can immediately start working for the new employer as of Oct 1st.

Now my question is if new H1b is approved can i still work on L1 as the start date of new H1b has to be Oct 01, 2012.
>>> Yes. You will remain to be in L1 status until the L1 I-94 expiry date or H1B effective date (Oct 1st or later) whichever happens first.

If yes Can I take transfer H1b in October to another employer without working single day on new H1b under current employer?
>>> Possible. But the transfer need to be filed before OCt 1st so that you can start working for the new employer in H1B status immediately starting Oct 1st based on the receipt notice. It is adisable to file the transfer as early as possible rather than waiting until late, so that you can join the new employer on the transfer approval rather than on the recipt which is a bit risky. If you join the new employer on the receipt notice and if the transfer gets denied, you will be in trouble.