H1 Amendment - URGENT - PLS HELP

[vmkvt]

Hi

I am planning to file an amendment for COS from L2 to H1. I have the following queries to be clarified.

Can you please guide me?

1.Are there any possibilities that the H1 amendment for COS from L2 to H1 can be rejected?
2. Can I file for a H1 amendment through another new employer under premium processing? But I have the paystubs, emp letter and W2 with the current employer on L2. He never worked on H1 before.

Thank you so much for your time.

[txh1b]

Hi

I am planning to file an amendment for COS from L2 to H1. I have the following queries to be clarified.

Can you please guide me?

1.Are there any possibilities that the H1 amendment for COS from L2 to H1 can be rejected?
2. Can I file for a H1 amendment through another new employer under premium processing? But I have the paystubs, emp letter and W2 with the current employer on L2. He never worked on H1 before.

Thank you so much for your time.

1. Possible
2. New employer will not be an amendment. It has to be the entire H1b application.
You need paystubs to prove your current status in US not H1b paystubs all the time. Try to understand the reason behind the law than blindly believe in some rules that you hear from someone. If you are not yet on H1b, where will you get H1b paystubs from? I thought it was YOU, Who is "He" is the last sentence?

[vmkvt]

TXH1B - Pls help

Thank you very much for your reply.

1. I got my H1 through my current employer A. is it something only he can file apply for my H1 amendment ?

As my employer A is not ready to do amendment, Is it possible for me to join employer B and then he can file an amendment for me with the existing H1 petition?

I am sorry to have you bothered. I am little confused.

Please clarify and thank you so much for your time.

[txh1b]

I'm not sure I understand what your problem is and what you are trying to do. An amendment to H1 is filed on an already approved petition if there is some change.

A new employer can file for a transfer and request COS at the same time without the need for an amendment.

[vmkvt]

L2 to H1 Transfer & COS - Urgent Please!!!

Hi

I am explaining my situation here again.

I am on L2 status since September 2006

1st Oct 2007: I got my H1 approved thru Employer A
18th Oct 2007: I had to leave to India due to some urgent reasons
15th Nov 2007: Returned back to US on L2. (as I couldn't my H1 stamped due to Non-availability of dates during that time frame)
20th Nov 2007: Rejoined Employer A on L2 and until now I am on L2 with Employer A.

Issue is, Employer A is not ready to file an H1 amendment to Change my Status from L2 to H1.

I am also not in a position to go out of the country to get my H1 stamped due to Personal Reasons.

Hence I opted to move to Employer B who is ready to transfer my H1 under Premium Process with a Change of Status (COS).

Can I reclaim my previously approved H1-B (filed by EMPLOYER A) through a new employer (EMPLOYER B), though I am not holding H1B status at this time, and working for the EMPLOYER A with legal L2 work authorization? Will there be any issues?

Could you please guide me in this situation. Awaiting for your earliest revert.

Thank you

[txh1b]

Can I reclaim my previously approved H1-B (filed by EMPLOYER A) through a new employer (EMPLOYER B), though I am not holding H1B status at this time, and working for the EMPLOYER A with legal L2 work authorization? Will there be any issues?

No issues. They can file for a H1b transfer with COS using your previously approved H1b petition for the cap count. Only issue I see is you not working between Oct 1st through when you left the country which has put you out of status for a short period if your H1b approval was a COS at that time.