Change of status from L1 to H1 and change of employer

[IworkonH1]

Hello,

I am currently working for company ABC on L1 visa

My H1B case is selected in April 2015 lottery through company PQR and waiting for approval from USICS.

I like to know if I can move/change to company XYZ as soon as I receive H1B approval from USICS prior to Oct 1. Is there any involvement of company PQR in transferring my H1b to company XYZ?
Please guide

Thanks

[shervin143]

You cannot do that prior to Oct 1st. USCIS has started issuing RFE when someone tries to transfer a H1B petition that is filed under a new CAP prior to its effective date (Oct 1st). Also, if the employer who filed your H1B petition under the new CAP revokes it, then you can no longer transfer the H1B anymore. You loose the CAP. In that case, you will have to wait until next April to file a H1B petition under a brand new CAP.

[IworkonH1]

Thank you shervin143 for your response!

As you said, I can move/change new H1 after Oct 1, do I need to start working for vendor on oct 1 who filed this H1 and only after that I can transfer H1 ? Is it so, please advice.

Is there any dependency on vendor who filed my H1 case even after Oct 1st for transferring the H1.

thanks in advance.

[shervin143]

As you said, I can move/change new H1 after Oct 1, do I need to start working for vendor on oct 1 who filed this H1 and only after that I can transfer H1 ? Is it so, please advice.
>>> If the H1B was filed as a COS from L1 and if the H1B approval came with a new I-94, then you should be working for the H1B sponsor from Oct 1st or you will go out of status on H1B. Alternatively, you leave the country and return back in L1 visa so that you can continue to work for the L1 employer. Later, any other employer can file a COS from L1 to H1B using the CAP from your previous H1B approval.

Is there any dependency on vendor who filed my H1 case even after Oct 1st for transferring the H1.
>>> No dependency. Any employer can initiate a transfer. Just give them a copy of your H1B approval notice and make sure you maintain the status (If on H1B, work for the H1B employer. If on L1, then work for the L1 employer and get paid from them to maintain the status).

[IworkonH1]

Much thanks shervin143 for your response!

I just checked with my vendor and he confirmed that my H1 application (selected in apr 2015 cap) is a fresh one and not a L-to-H conversion, do I still need to start working for vendor on oct 1 who filed this H1 and only after that I can transfer H1 ? Is it so? Please advice.

Is there a way that I can transfer my H1 to any other employer before Oct 1 as soon as I receive approval from usics.

Thanks again

[shervin143]

I just checked with my vendor and he confirmed that my H1 application (selected in apr 2015 cap) is a fresh one and not a L-to-H conversion, do I still need to start working for vendor on oct 1 who filed this H1 and only after that I can transfer H1 ? Is it so? Please advice.
>>> If the H1B was filed for consular processing, then the approval notice will not come with a new I-94 attached to it. In that case, you are not supposed to begin working for H1B sponsor unless you leave the country and retun back in H1B visa or the employer files a COS from L1 to H1B and it gets approved. In this case, you can continue to work for the L1 employer since you will remain to be in L1 status. Post Oct 1st, either the current H1B sponsor or any new employer can file a COS from L1 to H1B and when that gets approved, you can begin working for that employer.

Is there a way that I can transfer my H1 to any other employer before Oct 1 as soon as I receive approval from usics.
>>> I already answer that question. Read my 1st response below.