L1 to H1 Transwer - Need only Experts like Mr Subramanya to Reply

[muda]

Hi,

In year 2005 I was working with a MNC "X" in India as a full time employee, a US based consulting company "A" processed my H1 (approved), but due to some personal priorities and bond I didnt get my H1 stamped on my passport. In year 2007 I was looking out for a change to move to US and one US company "B" agreed on filing my H1 transfer under premium processing provided I land in US on company "A"'s H1.

I got my my H1 visa stamped on my passport on April 2007 which is valid till Sept 2008. After I got my H1 stamped my current MNC company "X" filed for my L1 to give me a permanent position in US and I got my L1 approved and went to US consulate and got it stamped in July 2007. After few days when I recieved my passport from the US consulate I saw that US consulate they have not cancelled my H1 i.e. I dont see any "cancelled" stamped on my H1 visa.

My L1 from Company "X" (current company) is valid for 3 years i.e. till year 2010 and my H1 from Company "A" is valid till Sept 2008.

I entered US on L1 in July 2007 to take up permanent position with Company "X", US. My I-94 is valid for next 3 years for L1. Its been 2 months since I am working with Company "X" in US and now I want to move out of Company "X" to Company "B" . I have all paperwork for my L1 and H1.

Given the current situation, I dont want to go back to India and would like to join Company "B" on H1.

Queries
1. Can my previous H1 from Company "A" be transferred to Company "B" with extension, given that I have never entered US on H1 and my current I-94 has "L1" status?

2. If not, then what other options I have in order to stay back in US and work for Company "B"?

Please read the above very carefully before replying and I would appreciate if you give me crips answer, that's why I need some expert to reply to this.

[infoway]

The answer to your Question is pretty simple. Company B should request a change of status to H1B by filing a new form I-129 (Amended petition) based on prior H1B from Company B. They can also file under premium processing program. Upon approval, you can start working for Company B on H1B Status.

You have nothing to do with Company A. The new H1B will bear the same I-94 # as the L1. The I-94 # will change only when you travel. (you would need a H1B visa stamp, if you want to travel- I think your H1 visa stamp is expired) Remember, once you change your status to H1B, your L1 will be no longer vaild in the US.


It looks like the Consulate did not cancel your h1b, because they are two different non-immigrant employment based visas. Good luck in your transfer and change of status.

Not a legal advise.

[muda]

L1 to H1 Transfer - Need only Mr Subramanya or Expert like him to reply

Thanks for your reply infoway. Appreciate that.
I have been hearing lot of other things from different posts in this forum e.g. H1 cannot be transferred if my current status on I-94 is not H1.

http://www.immihelp.com/forum/showthread.php?t=30142&highlight=Transfer

I would still like to hear a second opinion from Mr. Subramanya or another expert.


Additionally, I would also like to know...

1. At what point of time, I can work for Company "B" ONLY after I get an approval or I can start immediately after i get the initial receipt for transfer application.

2. If my current company with whom I am working on L1 laid off me, then how much time I have to apply for my old H1 transfer without me getting out of status.

[infoway]

You are not requesting H1B transfer, it's change of status to H1B based on an approved H1B.


1. At what point of time, I can work for Company "B" ONLY after I get an approval or I can start immediately after i get the initial receipt for transfer application.

ONLY AFTER YOU RECEIVE THE APPROVAL WITH A NEW I-94

2. If my current company with whom I am working on L1 laid off me, then how much time I have to apply for my old H1 transfer without me getting out of status.

IF THEY LAY U OFF, YOU MUST IMMEDIATELY APPLY FOR CHANGE OF STATUS.

You will not find experts on forums, and you should not seek any legal (expert) advise from people who post on forums. You should contact an immigration Attorney for EXPERT advise.