L1B to H-1B Question

[nanopatel]

Hi,

I am currently on L-1B and my company had filed for my H1 in April 2016 as a consular notification. The H-1 petition was selected in the lottery but just recently (Sept 23) an RFE was issued. As per my lawyer, USCIS has requested my current status and they will be replying to the RFE.

I have two questions:
1. Can another company apply for my H1 transfer in the current state? Or do they have to wait until the H1 case is approved? I do have the H-1 receipt number with me.
2. My current company is saying that they will hold on to my H1 approval notice until the end of my L1 (~2019). In that scenario, Can I still switch companies based on the receipt number only (From what i learnt online, companies ask for a copy of the H-1 approval notice to start the H-1 transfer)? Can the new company file H-1 transfer as COS?

Please let me know if anything is not clear and you need more information.

Thank You.

[raghvi]

Hi,

I am currently on L-1B and my company had filed for my H1 in April 2016 as a consular notification. The H-1 petition was selected in the lottery but just recently (Sept 23) an RFE was issued. As per my lawyer, USCIS has requested my current status and they will be replying to the RFE.

I have two questions:
1. Can another company apply for my H1 transfer in the current state? Or do they have to wait until the H1 case is approved? I do have the H-1 receipt number with me.
2. My current company is saying that they will hold on to my H1 approval notice until the end of my L1 (~2019). In that scenario, Can I still switch companies based on the receipt number only (From what i learnt online, companies ask for a copy of the H-1 approval notice to start the H-1 transfer)? Can the new company file H-1 transfer as COS?

Please let me know if anything is not clear and you need more information.

Thank You.

1. Advisable to wait till it is approved.
2. Difficult but possible.

If H1 was applied as COS then you must work with H1 employer and get paid by them once it is approved and you are still in US. It's illegal to continue working on L1 once COSbto H1 has been approved.

This is my opinion not legal advice.