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H1B Transfer while New H1B cap VISA is filed from another company

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  • H1B Transfer while New H1B cap VISA is filed from another company

    Hello,

    Currently I am on L1B status with company A in US, valid till June 2014. I had a new H1B from Company B (A fresh) from year 2014.

    Now I got a job from company C, I can transfer my H1B from company B to C and same time request for change of status too. The problem is Company A also filed for H1B cap VISA 2015.

    Question - Can I still file for H1B transfer (with Change of status) from company B to C even Company A has filed for H1B Cap VISA 2015?


    Appriciate your help!!

  • #2
    Originally posted by Immhelp_H1B View Post
    Hello,

    Currently I am on L1B status with company A in US, valid till June 2014. I had a new H1B from Company B (A fresh) from year 2014.

    Now I got a job from company C, I can transfer my H1B from company B to C and same time request for change of status too. The problem is Company A also filed for H1B cap VISA 2015.

    Question - Can I still file for H1B transfer (with Change of status) from company B to C even Company A has filed for H1B Cap VISA 2015?


    Appriciate your help!!
    Assuming H1 with Company B was Consular Process not COS.

    Yes C can file a COS (Technically it will be a COS from L1 to H1) using B's petition. At the same time, Company A's H1 may also be processed.

    This is my opinion not legal advice.

    Comment


    • #3
      Thank you for your response.

      When should I join the company C, 1. As soon as company C initiates the CoS (Including H1 Transfer) or 2. Once USICS approves the transfer ?

      Comment


      • #4
        Originally posted by Immhelp_H1B View Post
        Thank you for your response.

        When should I join the company C, 1. As soon as company C initiates the CoS (Including H1 Transfer) or 2. Once USICS approves the transfer ?
        Its always recommended to join after COS approval has been granted and you receive the approval notice with the new I-94.

        This is my opinion not legal advice.

        Comment

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