L1B to H1B

[nr1009]

Hi All,
I am currently on L1B status. I have an approved H1B from my current employer, but I didn't opt in for change of status to H1B mainly to retain the L2 EAD for my spouse. If I want to change employer now, can the new employer transfer the H1B along with change of status? Or do I need to first activate my H1B and only then H1B transfer can be applied?


Thanks

[Libra_14]

Your new employer can file to transfer your existing H1.

[nr1009]

Thanks a lot for the answer. I had the similar idea too.
But immigration representative from one of the potential employers told me that they are unable to file an H-1B change of employer for me unless I hold H-1B status. If I don't activate H-1B status, then I am subject to the annual lottery quota for new employer H1B. Does that make sense?

[Libra_14]

I am not sure on that, probably you can get correct answer in H1 section.