L1 B to H1B transfer - Complex Scenario - Urgent

[kumarsapscm]

Hello,

Currnetly I am in US and working under L1B visa for a MNC company A from last 1.6 yr.
Got a new offer from US based company B and my H1b with change of status got approved on 26th sept 11.That is from 1st Oct i am on H1b status.
But stil i am working for company A and under the notice period and my last date is 20th Oct.
On 21st Oct , was planning to join company B.

In the mean time my client (Company C) is willing to give me a offer and i have change my mind to join company C as this is a better offer .Company C want me to join them asap without any gap.

Please note i am stil working under L1 visa for Company A


My questions:
1.Do i need to apply for a new H1B through Company C and is this possible ?

2. Can i transfer the H1B from employer B to Employer C ,( without working for Company B even for a day). as company C wanted me to join them asap.

3.Advise of any better options ,if available .

Please advise.as i am really confused what should i do ?

Thanks
Sandeep Kumar

[shervin143]

You are currently out of status on H1B and your employment with the L1 employer starting Oct 1st is illegal.

1.Do i need to apply for a new H1B through Company C and is this possible ?
>>> Yes. Company C will need to file a H1B petition for you. They can use the CAP from the existing petition to file the new H1B. It is not advisable to join Company C until the H1B petition gets approved because the chances the transfer getting approved is less and even if the H1B petition gets approved, it can get approved for consular process.

2. Can i transfer the H1B from employer B to Employer C ,( without working for Company B even for a day). as company C wanted me to join them asap.
>>> You cannot. Read the above answer. Transfer is not possible when you are out of status.

3.Advise of any better options ,if available .
>>> Join Company B and after securing a couple of payslips, try a H1B transfer to Company C. Or Let Company C file the H1B for you. You leave the country now. When the petition gets approved, get the H1B visa stamped and return back. Company C can file the H1B petition in premium processing.

[kumarsapscm]

You are currently out of status on H1B and your employment with the L1 employer starting Oct 1st is illegal.

1.Do i need to apply for a new H1B through Company C and is this possible ?
>>> Yes. Company C will need to file a H1B petition for you. They can use the CAP from the existing petition to file the new H1B. It is not advisable to join Company C until the H1B petition gets approved because the chances the transfer getting approved is less and even if the H1B petition gets approved, it can get approved for consular process.

2. Can i transfer the H1B from employer B to Employer C ,( without working for Company B even for a day). as company C wanted me to join them asap.
>>> You cannot. Read the above answer. Transfer is not possible when you are out of status.

3.Advise of any better options ,if available .
>>> Join Company B and after securing a couple of payslips, try a H1B transfer to Company C. Or Let Company C file the H1B for you. You leave the country now. When the petition gets approved, get the H1B visa stamped and return back. Company C can file the H1B petition in premium processing.

if i decide back to stay with company A in L1 visa ,is this possible ? What i need to do ?
Go out of country and reenter with L1 visa with a new I94 ?
Please advise

[shervin143]

Yes, you need to leave immediately and re-enter in L1 visa. If you decide to do that by going to Canada or Mexico, then make sure that you return all your current I-94 when you leave the country and get a newone upon your return. For short trip, they will not take your I-94. They will ask you to use the existing one upon your return. In such case, the entire trip would be worthless.

if i decide back to stay with company A in L1 visa ,is this possible ? What i need to do ?
Go out of country and reenter with L1 visa with a new I94 ?
Please advise