H1B Transfer while New H1B cap VISA is filed from another company

[Immhelp_H1B]

Hello,

Currently I am on L1B status with company A in US, valid till June 2014. I had a new H1B from Company B (A fresh) from year 2014.

Now I got a job from company C, I can transfer my H1B from company B to C and same time request for change of status too. The problem is Company A also filed for H1B cap VISA 2015.

Question - Can I still file for H1B transfer (with Change of status) from company B to C even Company A has filed for H1B Cap VISA 2015?


Appriciate your help!!

[raghvi]

Hello,

Currently I am on L1B status with company A in US, valid till June 2014. I had a new H1B from Company B (A fresh) from year 2014.

Now I got a job from company C, I can transfer my H1B from company B to C and same time request for change of status too. The problem is Company A also filed for H1B cap VISA 2015.

Question - Can I still file for H1B transfer (with Change of status) from company B to C even Company A has filed for H1B Cap VISA 2015?


Appriciate your help!!

Assuming H1 with Company B was Consular Process not COS.

Yes C can file a COS (Technically it will be a COS from L1 to H1) using B's petition. At the same time, Company A's H1 may also be processed.

This is my opinion not legal advice.

[Immhelp_H1B]

Thank you for your response.

When should I join the company C, 1. As soon as company C initiates the CoS (Including H1 Transfer) or 2. Once USICS approves the transfer ?

[raghvi]

Thank you for your response.

When should I join the company C, 1. As soon as company C initiates the CoS (Including H1 Transfer) or 2. Once USICS approves the transfer ?

Its always recommended to join after COS approval has been granted and you receive the approval notice with the new I-94.

This is my opinion not legal advice.