COS: L1B to H1B (selected through cap)

[Zanith]

Dear Forum Members,

Currently I'm working in US on L1 (Company A) and I've applied and selected for a H1B (Company B)
I understand that i can work on H1B only after Oct 1


1. How will I change status from L1B to H1B on Oct1,

i. Is it signing the new I-9 form with new employer terms that I moved from L1 to H1 from that day or any other steps I need to do (if i'm continuing working in US)
I'm asking this, as I need to resign my existing company / serve notice period and join the new company; afraid of any potential risk of going out-of-status due to COS.

ii. Do I/new employer (who filed H1) need to make any changes to my existing I-94 (as its currently on L1)



2. In case I find a new employer company C who is willing to transfer my H1B.

i. What documents I would need to provide to do the transfer? How early I can apply for transfer ?


Greatly appreciate your time and response, which will be of great help.

Thank You,
Zanith

[raghvi]

Dear Forum Members,

Currently I'm working in US on L1 (Company A) and I've applied and selected for a H1B (Company B)
I understand that i can work on H1B only after Oct 1


1. How will I change status from L1B to H1B on Oct1,

i. Is it signing the new I-9 form with new employer terms that I moved from L1 to H1 from that day or any other steps I need to do (if i'm continuing working in US)
I'm asking this, as I need to resign my existing company / serve notice period and join the new company; afraid of any potential risk of going out-of-status due to COS.

ii. Do I/new employer (who filed H1) need to make any changes to my existing I-94 (as its currently on L1)



2. In case I find a new employer company C who is willing to transfer my H1B.

i. What documents I would need to provide to do the transfer? How early I can apply for transfer ?


Greatly appreciate your time and response, which will be of great help.

Thank You,
Zanith

You need to first determine if H1 was applied as COS (Change of Status) or as Consular Process. If applied as COS and your employer receives the approval (I797) with a new I-94 at the bottom of it, then you must start working for and get paid by B from the COS effective date.

As for transferring the same to C, in the past USCIS used to approve the cap exempt petition even before Oct 1, off late there have been RFEs being issued by USCIS. It is recommended to join B and work for a few pay period before having C apply their cap exempt petition.

This is my opinion not legal advice.

[Zanith]

COS: L1 to h1

You need to first determine if H1 was applied as COS (Change of Status) or as Consular Process. If applied as COS and your employer receives the approval (I797) with a new I-94 at the bottom of it, then you must start working for and get paid by B from the COS effective date.

As for transferring the same to C, in the past USCIS used to approve the cap exempt petition even before Oct 1, off late there have been RFEs being issued by USCIS. It is recommended to join B and work for a few pay period before having C apply their cap exempt petition.

This is my opinion not legal advice.

Hi Raghvi, Greatly appreciate your response. Thank You for cautioning about the RFE's.
Most likely my employer B applied through COS. But what will be the difference if he applied with Consular Process ?

Thank you for your time & reply.

[raghvi]

Hi Raghvi, Greatly appreciate your response. Thank You for cautioning about the RFE's.
Most likely my employer B applied through COS. But what will be the difference if he applied with Consular Process ?

Thank you for your time & reply.

If they applied it as consular process you do not automatically move to H1 status and you cannot work for that employer unless they apply for a COS or you leave US, get H1 visa and return.

This is my opinion not legal advice.