COS L1 to H1

[thanks]

Hi,

Facts:
1. I am working in the US on L1 visa for company A
2. I have an approved H1 (Oct 08) with COS from company B (I dont have any docs or EAC number)
3. I intend to travel in sept 08 to India.
4. I can get back in sept or oct (no constraints).

What do I need to do in the following cases and what docs do I need :
Case 1:
Join a new company C when I get back ?

Case 2:
When I get back join company B and after 2/3 months move to company C?

Case 3:
When I get back Continue with company A(L1) for 2/3 months and then move to company B ?

case 4:
When I get back Continue with company A(L1) for 2/3 months and then move to directly to company C ?

I am sorry for asking about all options. There are some unknowns now, hence I cant make a choice right now.

Thanks for your help!

[txh1b]

2. You need those approval docs to even think of your options.
4. If you want to be on L1, you should return after Oct 1st. Read other recent posts and search for leapfrog on the forum.

#1. Only if you have an approved H1b I797 from COmpany C.

#2. Only if the H1b transfer is properly filed with USCIS when you are in valid H1b status with B and getting paid.

#3. Only after an amendment to change status from L1 to H1b is approved you can join B or if you travel and return with a H1b visa stamp on your passport.

#4. Only if a H1b transfer COS is approved by USCIS with a I797 and valid I94 you can join C.

For anything to do with your H1, you need a copy of your current approval notice and proof that you have been cap counted. Without this, some of these cases cannot happen.

[thanks]

Thanks for your response.
I need to understand a bit more.

2. What would those docs be ? current approval notice ie H1b I797 ? right, anything else ?
4. OK.

#1. Does that mean company C has to apply for H1b transfer from company B to company C ?
Can that be done now ?
typically how much time does it take to be transferred ?
What docs would I need to give comp C ?
I assume the only way would be get PP stamped with comp C H1 and get back in oct. right ?

#2. OK. to summarise my understanding
option 1 - Get back in sept on L1
- By default I will be on H1b from Oct 1 (as its COS H1b)
- Work with B and get paid
- transfer H1 to C

option 2 - Get back in OCT with H1 stamped in PP
- Work with B and get paid
- transfer H1 to C

#3. OK. to summarise my understanding
option 1 - Get back in Oct on L1
- work for A
- B files for amendment to COS from L1 to H1
- work for B after approval

option 2 - Get back in Oct on L1
- work for A
- travel again and return with a H1b visa stamp on passport
- work for B
- (I have to travel again in this case)


#4. OK. just to summarise my understanding.
Get back in OCT on L1.
Comp C files for COS (I have to supply them with H1b I797 that I got from B)
Once thats approved. I can join C.

Thank you!

[txh1b]

This post should clarify the rest of your confusion.

http://www.immihelp.com/forum/showthread.php?t=43301

Yes, A new petition transferring the approved H1b to C can be done now.

All the other cases, you seem to have got it the way I wanted you to understand.