L1 to H1 transfer while in US

[nibala0909]

Hello,

Probably this topic would have been answered in other forums, but I'm unable to find any answer as my case is unique.

I'm on a L1 VISA with employer X. I already have an approved H1B with another employer Y. I have never worked for this employer and never maintained H1B status in US. Now I would like to know If i can switch to employer Z and do a new H1B (non CAP) or do a COS (L1 to H1. Employer Y is not giving me the approved petitio to me. Is there a way employer Z can process new H1b for me without the approval notice. I only have the acknowledgement receipt.

[raghvi]

Hello,

Probably this topic would have been answered in other forums, but I'm unable to find any answer as my case is unique.

I'm on a L1 VISA with employer X. I already have an approved H1B with another employer Y. I have never worked for this employer and never maintained H1B status in US. Now I would like to know If i can switch to employer Z and do a new H1B (non CAP) or do a COS (L1 to H1. Employer Y is not giving me the approved petitio to me. Is there a way employer Z can process new H1b for me without the approval notice. I only have the acknowledgement receipt.

Some dates would have helped. How long have you been working in US on L1? When was H1 filed? Was it a COS or Consular process?

If eligible, it is possible to initiate a L1 To H1 COS under non cap With only the acknowledgement receipt. Some employers may be willing to process your cap exempt H1 petition.

This is my opinion not legal advice.

[nibala0909]

Thanks raghvi....my H1 was filed in April 2014...as COS..however I moved out of country in Sep. 2014. I got my h1b approved in Dec 2014 and at that time I was outside US and hence it would have. been approved for counsular. Processing...I came to US again in Feb 2015 on a L1. Will it be more complicated to again apply for COS with another employer only with receipt notice even without makntaing h1 status once.

[raghvi]

Its not super complicated as long as you sure the receipt belongs to you and you are in the hands of a god attorney.

This is my opinion not legal advice.

[nibala0909]

Hello Ragvi et all,

An employer came forward to file h1 transfer with COS. I only have receipt copy. Looks like my old employer has sent withdrawl notice.
What is the probability to get this approved.