L1b to H1b Transfer

[rajat_9999]

Hi,

I came to US in June, 2015 on L1B for company 'A'.

Company 'B' applied for my H1-B in 2016 and it was approved in February, 2017.

I did submit my resignation to Company 'A' on April, 1 st but they are asking me to stay back with them and they are willing to initiate the transfer of H1B.

My company 'B' (the original H1b employer) is okay with the tranfer.

This is my first H1-B.

Can I legally change my employer from Company B to Company A even though I did not serve (did not receive any pay) the Company 'B'.

[raghvi]

Hi,

I came to US in June, 2015 on L1B for company 'A'.

Company 'B' applied for my H1-B in 2016 and it was approved in February, 2017.

I did submit my resignation to Company 'A' on April, 1 st but they are asking me to stay back with them and they are willing to initiate the transfer of H1B.

My company 'B' (the original H1b employer) is okay with the tranfer.

This is my first H1-B.

Can I legally change my employer from Company B to Company A even though I did not serve (did not receive any pay) the Company 'B'.

Was B's H1 applied and approved with COS?

[rajat_9999]

Was B's H1 applied and approved with COS?

Yes, H1B from Company 'B' was applied and approved as COS.

Note that I did not yet move under the payroll of Company 'B' and still serving the notice period for Company 'A'.

[raghvi]

Yes, H1B from Company 'B' was applied and approved as COS.

Note that I did not yet move under the payroll of Company 'B' and still serving the notice period for Company 'A'.

Then it seems you are out of status as you should have been working for B, unless you did a "leap frog".

This is my opinion not legal advice.

[rajat_9999]

Then it seems you are out of status as you should have been working for B, unless you did a "leap frog".

This is my opinion not legal advice.

Hi,

What do you mean by "leap frog".

Also there were no clear guidelines on how long I can continue with Compan "A" (at least not that I am aware of). So I stayed with them for a while.

Can I now move to Company "A" if Company "B" agrees and if I did will it cause any issues in future.

[raghvi]

Hi,

What do you mean by "leap frog".

Also there were no clear guidelines on how long I can continue with Compan "A" (at least not that I am aware of). So I stayed with them for a while.

Can I now move to Company "A" if Company "B" agrees and if I did will it cause any issues in future.

Leap Frog is a term generally used for nullifying a COS. When one is on an L1 and H1 is applied as COS, and approved, then as and when H1 is activated, from that day onward the employee automatically come son H1 status and is illegal for him/her to continue working on L1 status post that. To avoid this, one can leave US before H1 activation date (mentioned in the H1 I797) and re enter US post H1 activation date, on L1 visa, to continue to remain in L1 Status this way one is not bound to work for H1 employer.

In your case if you did not do a "leap frog", in USCIS records, you would still be in H1 status and assumed to be working for the H1 employer B, if A now files a cap exempt H1 petition, then USCIS will most likely raise an RFE to prove that you are maintaining a valid H1 status (working for B).

This is my opinion not legal advice.