Change of employer while on L1b visa and valid H1B petition

[ykathe]

I am currently in US on L1B visa and working for Employer A who has filed my H1B visa. My H1B petition is approved and valid from 1st October 2016. So my question is will I be able to change to employer B using my existing H1b petition without leaving the country using the H1b visa transfer? Are there any issues with that? Also what would be required in that case?

Appreciate your response.

[raghvi]

I am currently in US on L1B visa and working for Employer A who has filed my H1B visa. My H1B petition is approved and valid from 1st October 2016. So my question is will I be able to change to employer B using my existing H1b petition without leaving the country using the H1b visa transfer? Are there any issues with that? Also what would be required in that case?

Appreciate your response.

Yes you can, B needs to file their petition and get it approved with valid I-94. I would not advise joining B merely on the receipt basis.

This is my opinion not legal advice.

[ykathe]

When you say not merely on receipt basis, you mean to say join only when the transfer is approved? And what is the process for changing the consular H1b to COS so that I can change the status with my existing petition.

Can you help me with the process on a high level on how it works?

[ykathe]

Yes you can, B needs to file their petition and get it approved with valid I-94. I would not advise joining B merely on the receipt basis.

This is my opinion not legal advice.

When you say not merely on receipt basis, you mean to say join only when the transfer is approved? And what is the process for changing the consular H1b to COS so that I can change the status with my existing petition.

Can you help me with the process on a high level on how it works?

[ykathe]

Yes you can, B needs to file their petition and get it approved with valid I-94. I would not advise joining B merely on the receipt basis.

This is my opinion not legal advice.

Can you tell me high level steps to do the transfer?

[raghvi]

Can you tell me high level steps to do the transfer?

1. Find an employer.
2. Provide them with your current approved I797, L1 I797/I129S copy, I94 copy, and latest paystubs.
3. Upon approval, the new employer would get their own I797.
4. If approved with new I94 you must work with new employer from approval date.

This is my opinion not legal advice.

[ykathe]

1. Find an employer.
2. Provide them with your current approved I797, L1 I797/I129S copy, I94 copy, and latest paystubs.
3. Upon approval, the new employer would get their own I797.
4. If approved with new I94 you must work with new employer from approval date.

This is my opinion not legal advice.

However just a note my petition was approved as a consular processing, so in that case how does the H1 transfer work? Is this possible without leaving the country? Thanks for the help.