L-1 to H-1 Transfer without working for employer who filed H-1

[H1Success]

No, even if a person is in the US, COS is not automatic. If the H1b application is submitted by the lawyer/employer with the choice of COS, it is COS. It can be a CP for someone even in the US if applied that way.

Thanks for quick response TxH1B...
One more question-
Can a COS applied without I-94?
How one can stop employer to apply as COS ,as you have seen so many people dont know whether application has been applied as COS or CP(Employer applied as COS even person was not ready for that).

My understanding is - I-94 is required for COS
Is it right or wrong?

[txh1b]

Yes. If you don't provide your current I-94, a COS is not possible as a COS needs your current I-94.

Best option is to tell your lawyer not to apply for a COS.

[akajd]

Thanks.

Generally - How much time does the processing of H-1 COS takes?
Also, generally is the H-1 COS is for a future date (7/15/30 days) / earlier date / date of approval?
( I understand some of these questions may be difficult to answer but I guess with your experience you can provide an approximate answer)

Also, if I have to get the visa stamp - is it only in the home country or can be in Canada / Mexico?

Appreciate your help all along
Regards,
akajd

If you are maintaining proper status in the US, any pre-approved H1b can be amended to be a COS from existing current status to H1b. The drawback is as of the approval date, you lose your old status and H1b kicks in. This will not allow any time for notice periods, project completion etc. If the resignation happens too soon, you fall out of status.

If you already have an approved H1b and maintaining other status, give your employer appropriate notice, get a H1b visa stamp and enter on H1b status. Start working for new employer immediately. This is the only soloution to your problem.

[txh1b]

Ask your lawyer if a future date COS is possible. AFAIK, it is date of approval.

[H1Success]

Thanks.

Generally - How much time does the processing of H-1 COS takes?
Also, generally is the H-1 COS is for a future date (7/15/30 days) / earlier date / date of approval?
( I understand some of these questions may be difficult to answer but I guess with your experience you can provide an approximate answer)

Also, if I have to get the visa stamp - is it only in the home country or can be in Canada / Mexico?

Appreciate your help all along
Regards,
akajd

Hi ,

You can continue on your L1B by using Leap frog but is it possible to transfer H1B(Applied from B) to another employer C after Oct 2008? As your status will be L1B and you will not provide paystub for transfer because you have not started for employer B on H1b or it's not possible ?

[akajd]

Hi,
I have a friend who had a 3 yr. old H-1 approved (not stamped) but not used. He is in US on L-1. He found an employer who transferred his H-1. The H-1 approval came in last week and he is still serving his last 2 weeks with the L-1 employer. His lawyer said, it is okay to work on L-1 till the time he does not starts working on H-1. The new accompanied I-94 has the end date on it and not the start date.

Also, somebody can be on H-1 for 59 days without working and so he has to make sure that he moves to H-1 employer within 59 days of approval and start earning.

He is planning to work with existing employer till 15th Aug (friday) and joining new employer from 18th Aug (monday)

To me some part of it sounds convincing..Please let me know your views.

regards,
akajd

Ask your lawyer if a future date COS is possible. AFAIK, it is date of approval.