Valid H1B Petition, but i am on L1

[Akhilbh]

Hi,

I have a valid H1b petition with me, which is valid till 2007, but i did not ever worked for that particular employer, but now i am on L1 here with a different employer.

Can i get my status transferred to H1b, if the join the earlier employer, or can i join any employer who wishes to transfer my H1B to them.

Early reply & help highly solicited.

Thanks,
Akhil

[veena_swsh]

Hi,
You cannot transfer from L1 to H1b. There has to be fresh filing of H1b, for which the CAP will apply. To transfer to another Co.'s H1B, you have to already be in valid H1B status.
And while you go for your L1 stamping, it is most probable that your H1B will get cancelled without prejudice. If the visa officer does not do that then I think you can explore the probabilities of changing status from L1 to H1B after you have reached US.

[broadersoftware]

IMPOERTANT * IMPORTANT


What do you mean you have a vaild H1b ? Did it come with an I-94? If it did your status was already changed to H1B in USCIS records. Technically your L1 is cancelled..


This is not a legal advise. Use at your own risk!