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H1b transfer without joining original employer

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  • H1b transfer without joining original employer

    I am working for company A on L1B valid till Oct 2013 since Aug 2011. During 2012 company B I applied for H1b with company B and it was approved with COS start October 1 2012. Since Company B had no good projects I did not join it and consulted an attorney. He suggested me to travel outside US and comeback on L1B as thats still valid. Now company C which is my client is ready to file my H1B this year. For coming back to L1B status I travelled to home country on 20 December. My concern is can Company C file H1B transfer for me as I have not joined Company B yet? If no then what options do I have to join company C?

  • #2
    H1b transfer without joining original employer

    Please reply. Any help is appreciated.

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    • #3
      Yes, C can file a cap-exempt petition for you.
      This is my opinion and not legal advice.

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      • #4
        Thanks for reply. So it won't be an issue since I don't have any pay stubs from company b as I am maintaining legal stay in us with company a and can show their salary slips.

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