L1 to H1 Transfer

[indiantechie]

Hello,
I'm currently working for company A in the US under L1B visa which is valid till April 2014. Company B has filed my H1B which will begin in Oct. Due to some personal reasons, I would be able to work with Company B only after November Can I continue working with Company A even after the H1B start date or will that affect my status? Since I'm already in US, do I have to leave the country for stamping and then come back?

[raghvi]

Hello,
I'm currently working for company A in the US under L1B visa which is valid till April 2014. Company B has filed my H1B which will begin in Oct. Due to some personal reasons, I would be able to work with Company B only after November Can I continue working with Company A even after the H1B start date or will that affect my status? Since I'm already in US, do I have to leave the country for stamping and then come back?

If L1 to H1 COS was approved and you received a new I-94, you would automatically move to H1 status on 01-Oct-2013. You should work only with the H1 employer from 01-Oct-2013 onwards.

In order to avoid working with the H1 employer from 01-Oct-2013 you have two options

A. Leave US before 01-Oct-2013 and return using your L1B visa after 01-Oct-2013.

OR

B. File an amendment to H1 petition to convert from COS to Consular processing in premium before 01-Oct-2013.

Option A is in your hand. Option B is in your H1 employer's hand whether they are willing to do it, and if at all USCIS approves it.

With either option A or B in order to start working with H1 employer in November, you would have to refile L1 to H1 COS. This COS has more chances of RFE and likely approval as consular processing. If it gets approved as consular processing you can move to H1 only after getting a successful H1 stamping done abroad.

This is my opinion not legal advice.

[indiantechie]

If L1 to H1 COS was approved and you received a new I-94, you would automatically move to H1 status on 01-Oct-2013. You should work only with the H1 employer from 01-Oct-2013 onwards.

In order to avoid working with the H1 employer from 01-Oct-2013 you have two options

A. Leave US before 01-Oct-2013 and return using your L1B visa after 01-Oct-2013.

OR

B. File an amendment to H1 petition to convert from COS to Consular processing in premium before 01-Oct-2013.

Option A is in your hand. Option B is in your H1 employer's hand whether they are willing to do it, and if at all USCIS approves it.

With either option A or B in order to start working with H1 employer in November, you would have to refile L1 to H1 COS. This COS has more chances of RFE and likely approval as consular processing. If it gets approved as consular processing you can move to H1 only after getting a successful H1 stamping done abroad.

This is my opinion not legal advice.

Thank you for your reply! If I chose the A option, and let's say my employer refiles L1 to H1 COS in November - will that be treated as a fresh H1B application and will that again cost 4000$ or so?