L1 to H1 without COS

[arunmozhi]

Hi , I m currently working for Company X on L1 (Expired last year) with valid i94 till Sep 2016.
Last year(2014) I applied for H1 thru Consulting Company Y . It was applied thru consular processing not COS. It got approved on Nov 2014. Its valid till 2017.

I have a copy of my i797 with me now. Apparently since its not COS , i94 section in my i797 says as void.

I am searching for opportunities which suits my profile. Now this Company Y says that they are gonna cancel their H1, if i do not apply COS immediately. I want to check for some good job before i change to H1. But I am afraid that i will lose my H1B if they cancel it .

1) What are options they( Company Y) have, canceling / withdrawing ? what will happen if they do it

2) If they cancel/withdraw it, is my approved petition is still valid? can i reinitiate with any other employer?

3) Can I transfer this new H1 to some other company now before they cancel it ?

4) Is there chance of rejection while transferring to new employer before H1 is active itself.

5) Should I apply COS along with this transfer ? or after the transfer ?


Thanks in Advance for your responses ..

[raghvi]

Hi , I m currently working for Company X on L1 (Expired last year) with valid i94 till Sep 2016.
Last year(2014) I applied for H1 thru Consulting Company Y . It was applied thru consular processing not COS. It got approved on Nov 2014. Its valid till 2017.

I have a copy of my i797 with me now. Apparently since its not COS , i94 section in my i797 says as void.

I am searching for opportunities which suits my profile. Now this Company Y says that they are gonna cancel their H1, if i do not apply COS immediately. I want to check for some good job before i change to H1. But I am afraid that i will lose my H1B if they cancel it .

1) What are options they( Company Y) have, canceling / withdrawing ? what will happen if they do it

2) If they cancel/withdraw it, is my approved petition is still valid? can i reinitiate with any other employer?

3) Can I transfer this new H1 to some other company now before they cancel it ?

4) Is there chance of rejection while transferring to new employer before H1 is active itself.

5) Should I apply COS along with this transfer ? or after the transfer ?


Thanks in Advance for your responses ..

1. I dont think that your cap eligibility goes away even if they withdraw/revoke the H1. You would still remain cap exempt.
2. Yes another employer can still file for you as cap exempt.
3. Yes.
4. Rejection will depend upon genuineness of the next employer to provide work and pay for you.
5. First of all it will be difficult to convince an employer to not file a COS, as that indirectly means you not really willing to join them immediately. At the same time, if you apply COS and it gets approved, then you must work for and get paid by the new employer, you cannot work with L1 employer after COS approval date. So take your call after good thought. If next employer is really good and you really serious about joining them no harm in shelling out extra money and going for premium transfer to get result in 15-20 days.

This is my opinion not legal advice.