L1 to H1 transfer

[H1toL2transfer]

My wife is currently working on L1. She had applied for H1B this year using another employer, and got approved beginning Oct 2007. From what we saw on the forums, does she have to quit her current job on 1st Oct 2007 and have to join the new H1 employer ? Is it true ??

She likes her current project and wants to be able to stay with current employer till they ask her to go back to India. Is there a way to do this now?

Any advice is welcome. Thanks !!

[JyothiReddy]

she need not quit the present job(on L1) and go for H1 starting oct 2007.but if you wish to work on H1, u need to apply for the Change of Status(COS) which takes 3 months(approx) of time and once COS is approved she shldnt work even a single day for present employer(on L1).so plan accordingly...if you come to know before hand that the present employer will send to India,then u probably can go for employment with H1.

[H1toL2transfer]

Thanks Jyothi,

Another question about the H1 petition (I-797) related documents. We had paid from our pocket for all the fees, so is she entitled to obtain the original I-797 from the employer ?

Also, what happens if my wife goes back to India for vacation while on L1. While re-entering can she show just L1 blanket petition & maintain L1 status ?

Lastly, till when is the approved H1 petition valid - is there any expiration date if it is not "activated" soon enough ?

Thanks for your help !!

[JyothiReddy]

she is entitled to get the original I 797 from the employer,also it depends on the consultant..some wont prefer to give.In that case u can ask for the FAX of I-797 form/approved petition(to be on safe side)

she can maintain the L1 status while reentering US from vacation, if she doesn't sign/fill up COS.

H1, for this year is valid from Oct 2007 to sep 2010 and can be renewed/extended for more 3 yrs.H1 period is cumulative of L1 period.