L1 to H1 with out change of status

[raj_sahaya_antony]

Hi,

Am currently having L1B and working with my current employer in US since 8th March 2013. I processed H1B from one of the consulting company for 2014 to 2015 quota. Now it's in approved status and it's going to be effective from 1st Oct 2014 onwards..

In the mean time my current client is approaching me to hire probbaly by November first week, am interested in joining with my client and my employer raised no concern..

Since I have L1B, How my client transfer my visa?

Shall I ask my client to transfer my H1 which I processed from the consulting company.. Please advise me..

[raghvi]

Hi,

Am currently having L1B and working with my current employer in US since 8th March 2013. I processed H1B from one of the consulting company for 2014 to 2015 quota. Now it's in approved status and it's going to be effective from 1st Oct 2014 onwards..

In the mean time my current client is approaching me to hire probbaly by November first week, am interested in joining with my client and my employer raised no concern..

Since I have L1B, How my client transfer my visa?

Shall I ask my client to transfer my H1 which I processed from the consulting company.. Please advise me..

Was your H1 approved as COS? If yes, then you must work with the Consulting Company from that date and get paid from them.

The ways to avoid this are
1. Either leave US before 01-Oct-2014 and return back on L1 visa after 01-Oct-2014.
OR
2. Get current employer, or your client to apply a H1 "transfer" by having them submit a cap exempt petition of their own and getting it approved before 01-Oct-2014. You will have to provide them the copy of the H1 approval notice.

There is not going to be an option to delay till Nov. If you have to delay till Nov then option 1 above seems the only possibility. Leave US before 01-Oct-2014, get client to premium process their H1 based on original H1 approved petition, go for H1 stamping and return in Nov.

This is my opinion not legal advice.

[raj_sahaya_antony]

I spoke to the consulting company and they confirmed as H1 approved with COS.. Additionally they were saying I can work with my current employer on L1 till I get new project, they were saying no issues to that.. Will that be fine?

[raghvi]

Of course not. From 01-Oct-2014 you must work and get paid by H1 Employer.

As for "new project" on what basis/project was the original H1 petition approved? Did you pay for your H1?

This is my opinion not legal advice.