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Simultaneous L1 to H1 transfer from two employers

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  • Simultaneous L1 to H1 transfer from two employers

    Hi Seniors,

    Need your advise...

    My wife has filed COS from L1 to H1 through a company A. Although it was filed under premium processing category but it's over 20 days now and the case is still under RFE. The company that filed the H1 has responded to the query but we haven't heard anything yet.

    Meanwhile, my wife has got an offer from another company B to transfer L1 to H1..

    They are ready to file her L1 to H1 transfer.

    My question is..Can we file L1 to H1 transfer to company B while the transfer process through company A is still in RFE?

    My concern is that we are going to lose on the 2nd offer if we wait on the first and it doesnt come through.

    Please suggest...

  • #2
    No issues.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Simultaneous L1 to H1 transfer

      Shervin,

      Does that mean I can transfer my L1 to multiple H1 sponsorers?

      What if the H1 transfer from company A comes through while H1 transfer to Company B (the later one which offered to process an L1 to H1) is still pending?

      Note the first L1 to H1 transfer that is pending on RFE was filed under COS. Does that still allow me to transfer my L1 to multiple H1s?

      Comment


      • #4
        Does that mean I can transfer my L1 to multiple H1 sponsorers?
        >>> Yes.

        What if the H1 transfer from company A comes through while H1 transfer to Company B (the later one which offered to process an L1 to H1) is still pending?
        >>> If the H1B petition gets approved as a COS, then you should immediately start working for Company A since you are no longer eligible to work for the L1 employer after the status change.

        Note the first L1 to H1 transfer that is pending on RFE was filed under COS. Does that still allow me to transfer my L1 to multiple H1s?
        >>> Yes and there is no such thing as L1 to H1B transfer. All H1B petitions filed as a COS from L1 are new H1B petitions either using a previous H1B CAP or a new CAP.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          Simultaneous L1 to H1 transfer from two employers

          Thanks shervin for your prompt responses. They are really very helpful...

          [COLOR="SeaGreen"]What if the H1 transfer from company A comes through while H1 transfer to Company B (the later one which offered to process an L1 to H1) is still pending?[/COLOR]>>> If the H1B petition gets approved as a COS, then you should immediately start working for Company A since you are no longer eligible to work for the L1 employer after the status change.

          Thats exactly my concern..If the COS from L1 to H1B through Company A gets approved before the COS from L1 to H1B through company B, I need to quit my L1 employer and join company A.

          Now if I quit my L1 employer, while COS through company B is still pending, will Company B (the second company willing to sponsor the L1 to H1) still manage to get a new a COS H1B or company B's H1 request will be rejected because I am no longer on L1?

          Comment


          • #6
            If the COS from L1 to Company A gets approved, start working for Company A immediately. This will not affect Company B's petition. When Company B's petition gets approved (with a new I-94), you can quit Company A and join Company B. If Company B's petition gets approved without a new I-94, then you have to leave the country and return back with Company B approval notice and a valid H1B visa in order to work for Company B. If you like to stay back with the L1 employer, leave the country and return back on L1 petition and L1 visa.
            Not a legal advice. Use of this information is strictly at your own risk.

            Comment


            • #7
              Simultaneous L1 to H1 transfer from two employers

              Thanks for your detailed response Shervin.

              You mentioned company B's petition might come without a I-94. Cant we file the a COS from L1 to H1 through company B just as we did COS through company A?

              If we do a COS, the visa should come along with an I-94 isnt it?

              Comment


              • #8
                You can file for a COS. But whether to approve the COS or not is with USCIS. Just filing as petition as a COS doesn't guarantee you a COS. If you have violated your current status, then a COS is not possible. I am not saying that your H1B will not be approved as a COS. All that I am saying is if the petition gets approved for consular process then you have to get the visa stamped and return back to work for that employer.

                Originally posted by Nilendu View Post
                Thanks for your detailed response Shervin.

                You mentioned company B's petition might come without a I-94. Cant we file the a COS from L1 to H1 through company B just as we did COS through company A?

                If we do a COS, the visa should come along with an I-94 isnt it?
                Not a legal advice. Use of this information is strictly at your own risk.

                Comment


                • #9
                  Simultaneous L1 to H1 transfer from two employers

                  I see..Got you. Thanks a lot Shevin..

                  Comment

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