Changing Employer in L1 to H1 COS before H1 start date

[American786]

Hi Expert,

This may be a redundant question but I still needed your guidance on my case.

Could you please let me know if it's possible that one can change employer from A to B, if he's working on L1 with employer C and his H1b COS is approved and is
yet to start (i.e. from October 1st 2014). ?

Kindly let me know if this is a possible scenario without going out from USA and still being able to switch employers.


Thank you and warm regards..

[raghvi]

Hi Expert,

This may be a redundant question but I still needed your guidance on my case.

Could you please let me know if it's possible that one can change employer from A to B, if he's working on L1 with employer C and his H1b COS is approved and is
yet to start (i.e. from October 1st 2014). ?

Kindly let me know if this is a possible scenario without going out from USA and still being able to switch employers.


Thank you and warm regards..

Yes it is possible, but got its own set of complications. If you have the h1 approval notice in hand, and B applies for their own petition (cap exempt) and gets it approved before 01-Oct-2014 it is possible. If B is not a reputed employer the chances would be slim and you may end up with getting H1 as consular process and would need to leave US in order to work for B.

Also, if your L1 to H1 COS has already been approved with A, then unless B gets their own petition approved before 01-OCt-2014, then on 01-Oct-2014 you must join A and should work and get paid by them

This is my opinion not legal advice.

[American786]

Yes it is possible, but got its own set of complications. If you have the h1 approval notice in hand, and B applies for their own petition (cap exempt) and gets it approved before 01-Oct-2014 it is possible. If B is not a reputed employer the chances would be slim and you may end up with getting H1 as consular process and would need to leave US in order to work for B.

Also, if your L1 to H1 COS has already been approved with A, then unless B gets their own petition approved before 01-OCt-2014, then on 01-Oct-2014 you must join A and should work and get paid by them

This is my opinion not legal advice.

Thank you Raghvi,
What if the scenario is even more strange, like if my current L1 employer (A) files for an H1b transfer and I don't join my H1B COS petitioner (B) ?
it's like still being a part of the current employer and asking them to file an H1 transfer on the basis of approved petition (which is filed by B) ?

Thank you so much again...

[raghvi]

Thank you Raghvi,
What if the scenario is even more strange, like if my current L1 employer (A) files for an H1b transfer and I don't join my H1B COS petitioner (B) ?
it's like still being a part of the current employer and asking them to file an H1 transfer on the basis of approved petition (which is filed by B) ?

Thank you so much again...

As you have already got L1 to H1 COS approved for B, and are not willing to leave US before that, then the only way to avoid joining B on 01-Oct-2014, is to get any employer, A, C or anyone else, is to get them to file a Cap Exempt H1 as COS and get it approved before 01-Oct-2014 otherwise come 01-Oct-2014 you must join B else you risk going out of status.


This is my opinion not legal advice.

[American786]

As you have already got L1 to H1 COS approved for B, and are not willing to leave US before that, then the only way to avoid joining B on 01-Oct-2014, is to get any employer, A, C or anyone else, is to get them to file a Cap Exempt H1 as COS and get it approved before 01-Oct-2014 otherwise come 01-Oct-2014 you must join B else you risk going out of status.


This is my opinion not legal advice.

Thank you Raghvi,
I think you answered my questions very well, as in any case it's required to be in US with an approved petition or a stamped Visa, no matter the employers A,B,C,D..

Thank you and warm regards...

[raghvi]

Not exactly, what you need is an approved petition and corresponding valid I-94. Visa is required only to be allowed till Port of Entry.

This is my opinion not legal advice.