L1B to H1B

[summerday80]

Hi,

I am on L1 status here from company A...But I have an approved 2008 H1 from company B.

I have a fulltime opportunity from company C...

If C applies for COS and get the H1(based on the old 2008 petition) and once it is approved, and if I decide on not to join C, will I be able to continue on the same L1 ???

Will there be any problem on continuing on L1??

Appreciate your responses....

[shervin143]

Once the H1B COS gets approved, you will have to immediately stop working for the L1 employer. You need to be working for the H1B employer and get paid to maintain the H1B status. Employment with the L1 employer after the H1B COS will be considered illegal.

Alternatively, you can ask the H1B employer to apply the H1 as a consular process. That way, you can continue with the L1 employer and whenever you decide to work on H1B, you can leave the country, get the H1B stamped and re-enter in H1B visa.

[summerday80]

Once the H1B COS gets approved, you will have to immediately stop working for the L1 employer. You need to be working for the H1B employer and get paid to maintain the H1B status. Employment with the L1 employer after the H1B COS will be considered illegal.

Alternatively, you can ask the H1B employer to apply the H1 as a consular process. That way, you can continue with the L1 employer and whenever you decide to work on H1B, you can leave the country, get the H1B stamped and re-enter in H1B visa.

Hi,

Can you tell me what exactly the company C has to do to get as their full time employee.. I am on L1 from A and have approved 2008 H1 from B.

Should C apply for COS and transfer as well? Is it considered H1 transfer or a new H1?? Please let me know what exactly C has to do to get me as their full time employee?/

[shervin143]

Company C will have to apply the H1B petition on your behalf (Either as COS or Consular process). They can use a copy of your existing H1B approval notice from Company B to request an immediate start date (That way, it won;t be a fresh H1B. They will use the CAp from the previous H1B approval). Once the H1B is approved, you can start working for Company C. If the petition is applied as a COS, then will have to stop working for L1 employer immediately and join Company C. If it is applied as consular process, then you can continue with the L1 employer and when you decide to work for Company C, you will have to leave the country, get the visa stamped and return back in H1B visa or apply for a COS at that time.