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  • Change of Status L1 to H1

    Hi,

    I am working on valid I94 with expired L1 visa. My H1B (COS) petition was approved this year. I plan to switch my job in month of October as soon as my Status Changes. Is there any Legal restriction if I want to do so since this is fresh new H1 filed by my current company.
    1. Is there any risk involved if I want to switch my employer as soon as my status changes?
    2. I got to know from a friend that I need to have at-least 3 Paystubs from current employer after my Status Change to H1B in order to be eligible for getting H1 transferred to new employer. Is this correct?

    Please let me know

    Thank you!

  • #2
    Originally posted by Raj_G92000 View Post
    Hi,

    I am working on valid I94 with expired L1 visa. My H1B (COS) petition was approved this year. I plan to switch my job in month of October as soon as my Status Changes. Is there any Legal restriction if I want to do so since this is fresh new H1 filed by my current company.
    1. Is there any risk involved if I want to switch my employer as soon as my status changes?
    2. I got to know from a friend that I need to have at-least 3 Paystubs from current employer after my Status Change to H1B in order to be eligible for getting H1 transferred to new employer. Is this correct?

    Please let me know

    Thank you!
    Most of the lawyers will advise you to work for a few pay period with the H1 employer before doing a transfer as documentation required and paperwork is less as less chances of an RFE.
    H1 transfer should not be used as a way to work instantaneously for the new employer. The risk is that if the transfer petition is denied subsequently, you will end up falling out of status and will have to leave US. To avoid such situations, the safest method is to remain under H-1B status for some time and and applying for the premium processing service for a transfer petition. By using the premium processing service, you can get the result of their transfer petition within 15 days, if no RFE, and then switch to the new employer only after approval.

    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by raghvi View Post
      Most of the lawyers will advise you to work for a few pay period with the H1 employer before doing a transfer as documentation required and paperwork is less as less chances of an RFE.
      H1 transfer should not be used as a way to work instantaneously for the new employer. The risk is that if the transfer petition is denied subsequently, you will end up falling out of status and will have to leave US. To avoid such situations, the safest method is to remain under H-1B status for some time and and applying for the premium processing service for a transfer petition. By using the premium processing service, you can get the result of their transfer petition within 15 days, if no RFE, and then switch to the new employer only after approval.

      This is my opinion not legal advice.
      Thank you Raghvi, appreciate your response.

      Comment


      • #4
        Originally posted by raghvi View Post
        Most of the lawyers will advise you to work for a few pay period with the H1 employer before doing a transfer as documentation required and paperwork is less as less chances of an RFE.
        H1 transfer should not be used as a way to work instantaneously for the new employer. The risk is that if the transfer petition is denied subsequently, you will end up falling out of status and will have to leave US. To avoid such situations, the safest method is to remain under H-1B status for some time and and applying for the premium processing service for a transfer petition. By using the premium processing service, you can get the result of their transfer petition within 15 days, if no RFE, and then switch to the new employer only after approval.

        This is my opinion not legal advice.
        1. Please note that my H1 petition was filed by the same employer for whom I am working on L1 for last 3 years in US. I have enough payslips to provide for documentation purpose. Do I still face the risk of new Transfer petition rejection if I want to change my job in October?

        2. Is this true that if New petition is rejected my old H1 petition also gets invalidated as stated above? My understanding was that result of new petition would not have any affect on the original petition and even if it gets rejected I can still keep working for my current employer... Can someone please confirm/clarify?

        Thank you!
        Last edited by Raj_G92000; 08-20-2013, 05:00 PM.

        Comment


        • #5
          1. In my opinion transfer petition approval mainly happens on two criteria, the new/future employer's ability to pay and having proof of having valid work in the specialized occupation. And secondly on the employee mantaining valid status. Now the past payslips that you have prove you were in valid L1 status, but only the payslips from Oct 2013 onwards would prove that you were in valid H1 status hence again advisable to work for a few pay period to establish that. Again its not the law just advisable to do so.

          2. You are correct. If transfer is rejected then you can continue to work with current employer till current employer's H1 I-94 is valid.

          This is my opinion not legal advice.

          Comment

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