From L1 ---> H1

[amanusa]

I am currently working on L1 visa (for employer A) and got my H1 petition (for employer B )approved for 1 year.

Now, I do not want to leave my current employer (for employer A). What can be done now?


(1) Will my approved petition go waste?
(2) Can my employer B who applied for my H1 cancels my petition status, if I do not join the employer B ? Can Employer B really do that?
(3) Do I have to join employer B to get this petition going?
(4) Can I join Employer C without even joining employer B?
(5) How early should I join any new employer to make sure my approved petition does not get waste?

[raghvi]

I am currently working on L1 visa (for employer A) and got my H1 petition (for employer B )approved for 1 year.

Now, I do not want to leave my current employer (for employer A). What can be done now?


(1) Will my approved petition go waste?
(2) Can my employer B who applied for my H1 cancels my petition status, if I do not join the employer B ? Can Employer B really do that?
(3) Do I have to join employer B to get this petition going?
(4) Can I join Employer C without even joining employer B?
(5) How early should I join any new employer to make sure my approved petition does not get waste?

Please put in the dates, when was your L1 valid from? Valid To?
When was H1 applied? When was it approved? Was H1 applied as Consular or COS?

[amanusa]

Response from Am****a

Please put in the dates, when was your L1 valid from? Valid To?
When was H1 applied? When was it approved? Was H1 applied as Consular or COS?

Thanks Raghvi. So, the situation which I have discussed can happen with me. I will requote it:

I am currently working on L1 visa (for employer A) and have initiated my my H1 petition (for employer B ) which will gets approved for 1 year (approximately, checking the trend for last 2-3 years).

Now if after my H1B approval, I do not want to leave my current employer (for employer A). What can be done at that time?


(1) Will my approved petition go waste?
(2) Can my employer B (who will be applying for my H1) will cancel my approved petition in case I will not join Employer B ? Can Employer B really do that?
(3) Do I have to join employer B to get this petition going?
(4) Can I join Employer C without even joining employer B?
(5) How early should I join any new employer (after H1B approved petition) to make sure my approved petition does not get waste?

[raghvi]

Thanks Raghvi. So, the situation which I have discussed can happen with me. I will requote it:

I am currently working on L1 visa (for employer A) and have initiated my my H1 petition (for employer B ) which will gets approved for 1 year (approximately, checking the trend for last 2-3 years).

Now if after my H1B approval, I do not want to leave my current employer (for employer A). What can be done at that time?


(1) Will my approved petition go waste?
(2) Can my employer B (who will be applying for my H1) will cancel my approved petition in case I will not join Employer B ? Can Employer B really do that?
(3) Do I have to join employer B to get this petition going?
(4) Can I join Employer C without even joining employer B?
(5) How early should I join any new employer (after H1B approved petition) to make sure my approved petition does not get waste?

If you do not provide any dates it can really difficult to assess and recommend things. Also, are you apply H1 as Consular Process or Change of Status?
1. Petition once approved doesnt go waste, it can be used or reused later on.
2. Even if they revoke it, once the petition is approved, it means you are cap counted. You need the receipt number, or approval notice to claim cap exemption.
3. If you apply H1 as COS you would have to join Employer B if you dont you would have to do leapfrog.
4. Yes it could be possible.
5. I dont understand the question.

I would advise reading the many L1 to H1 cases in this forum to determine the options and possible situations.
This is my opinion not legal advice.

[amanusa]

Thanks Raghvi...here are my doubts

If you do not provide any dates it can really difficult to assess and recommend things. Also, are you apply H1 as Consular Process or Change of Status?
1. Petition once approved doesnt go waste, it can be used or reused later on.
2. Even if they revoke it, once the petition is approved, it means you are cap counted. You need the receipt number, or approval notice to claim cap exemption.
3. If you apply H1 as COS you would have to join Employer B if you dont you would have to do leapfrog.
4. Yes it could be possible.
5. I dont understand the question.

I would advise reading the many L1 to H1 cases in this forum to determine the options and possible situations.
This is my opinion not legal advice.

From Aman USA:

(A)I am currently working in USA on L1B via employer A for last 2 years. Now, I am planning to apply for H1B via employer B.
(B) If my H1 petition (applied by employer B) gets approved by Oct 2014 and I do not feel like joining the same.

What can happen then?

(1) Can I join Employer C without even joining employer B?
(2) Do I have to join employer B to get this petition going (As employer 1 has raised my H1 petition)?
(3) What are the several outcome of this action (B)?
(4) What all documents are required by employer C so that I can join them (without joining Employer B)
(5) Can I continue working with employer A even after my approved petition of H1 B from employer B?

[raghvi]

From Aman USA:

(A) I am planning to apply for H1B via employer B and I am currently in USA on L1B via employer A.
(B) If my H1 petition (applied by employer B) gets approved by Oct 2014 and I do not feel like joining the same.

What can happen then?

(1) Can I join Employer C without even joining employer B?
(2) Do I have to join employer B to get this petition going (As employer 1 has raised my H1 petition)?
(3) What are the several outcome of this action (B)?
(4) What all documents are required by employer C so that I can join them (without joining Employer B)
(5) Can I continue working with employer A even after my approved petition of H1 B from employer B?

This is going no where. You need to talk to lawyer who can understand your requirements.

This is my opinion not legal advice.