L1 status in case of L1 tranfer to H1B or H1B new sponsorship?

[imaquarian85]

I am currently working on L1B, a company 'B' offering me H1B VISA has asked me an option to choose between - ‘visa transfer’ or a ‘new visa sponsorship’

I know in both cases as I go to India, I would have to get the stamping.

But in each case,can you please let me know what would be the status of my L1 after Oct1?
- As there is a risk of H1 petition being cancelled, I would like to know the option where L1 still remains intact, if there is any?

[shervin143]

Is this the first H1B petition that is filed on your behalf or you had an approved H1B petition in the past (within the last 6 years)?

[imaquarian85]

This is the first time my H1B petition is being filed.

[shervin143]

There is no such thing as visa transfer. The employer need to file the H1B under a new CAP with the H1B effective date of Oct 1st or later. While filing your H1B, the employer has two options.

1) File the H1B as a COS from L1. In this case, the H1B approval will come with a new I-94 and you should quit working for the L1 employer immediately as of the H1B effective date (Oct 1st or later - that will be mentioned in the approval notice) and start working for the H1B sponsor. Any employment with the L1 employer after the H1B effective date is illegal.

2) File the H1B for consulare process. In this case, the H1B approval will not come with a new I-94. You will remain to be in L1 status and can continue to work for the L1 employer. When you are ready to work for the H1B sponsor, you should leave the country and return back in H1B visa.