L1B to H1B from other company

[mantmo]

Guys,

This is a little tricky situation for me. Need your help and advice.

1. I am working for Company A on L1B from last 4 years.
2. Last year I applied for H1B from Company B and it was approved in December after clearing the RFE.
3. According to the lawyer of Company B, my change of status from L1 to H1 will happen only after I go out of country and come back on H1.
4. Now my current Company A is ready to transfer the H1 from Company B.
5. Considering point 3 above is it possible to transfer the approved petition from Company B to Company A without having to go out of country to get it stamped from Company A first?
6. I would like to go for H1B stamping from Company A as there are more chances of approval through this company.

Please suggest.

Thanks,
Manish

[Libra_14]

1. I am working for Company A on L1B from last 4 years.
2. Last year I applied for H1B from Company B and it was approved in December after clearing the RFE.
3. According to the lawyer of Company B, my change of status from L1 to H1 will happen only after I go out of country and come back on H1.

Switching from one non-immigrant status to another non-immigrant status can be done while being in USA with COS (Change of status). You do not need to go out of country, neither you need a visa (until you go out & want to come back).

4. Now my current Company A is ready to transfer the H1 from Company B.
5. Considering point 3 above is it possible to transfer the approved petition from Company B to Company A without having to go out of country to get it stamped from Company A first?
6. I would like to go for H1B stamping from Company A as there are more chances of approval through this company.

Yes, Company A can file to transfer Company B's petition in their name.

As mentioned earlier, visa stamping is not required until you go out of country & then re-enter. So, you can do COS & continue working for Company A with H1 status once COS is approved.

Hope this helps.

[mantmo]

Thanks for the response. Really appreciate it.

According to the lawyer of Company B, my COS will happen only after go out of country and come back on H1. Reason being, I had traveled out of country in April when my H1 was just filed for the lottery last year. I am not sure true is that..

Even if I have to travel out of country for COS, I would prefer to do that when I have petition with Company A. So I wanted to know if petition can be transferred to Company A before COS?

Thanks again!

[Libra_14]

According to the lawyer of Company B, my COS will happen only after go out of country and come back on H1. Reason being, I had traveled out of country in April when my H1 was just filed for the lottery last year. I am not sure true is that..

Moving out of country is the easiest way (ofcourse visa stamping is required) to change your status, but it can be done within USA as well. Check your current status on online I94.

Even if I have to travel out of country for COS, I would prefer to do that when I have petition with Company A. So I wanted to know if petition can be transferred to Company A before COS?

H1 petition is transferable once approved. L1 is not.

[mantmo]

Moving out of country is the easiest way (ofcourse visa stamping is required) to change your status, but it can be done within USA as well. Check your current status on online I94.


H1 petition is transferable once approved. L1 is not.

Thanks Libra.. Will Check Lawyer from Company A once they are ready to transfer the Petition.

[Libra_14]

Thanks Libra.. Will Check Lawyer from Company A once they are ready to transfer the Petition.

Best of luck & please share your experience back with the forum once you go through the process.

[mantmo]

Ok I confirmed again from Company B, since I went out of country when my H1B was filed I have to go out of country for change of status. I would like to know if I have any problem in getting H1B stamped, can I still come back on L1B? Or the consulate will void out my L1B and I will have no option but to return only when my H1B is stamped? I dont want to be stuck out of country with no visa and job

[Libra_14]

I would like to know if I have any problem in getting H1B stamped, can I still come back on L1B? Or the consulate will void out my L1B and I will have no option but to return only when my H1B is stamped? I dont want to be stuck out of country with no visa and job

Well, the risk is always there of visa rejection. If they do not cancel your L1 you can still use it.

Also, during the visa interview the VO will surely ask you about which company you are currently working - if you answer L1 company, then your H1 "might" get rejected & if you say H1, then the L1 "might" be cancelled.

I would suggest to talk to an Attorney.