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L1A- H1B Petition Transfer

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  • L1A- H1B Petition Transfer

    I applied for H1B in 2007 and my H1B is approved and I have the H1B documents with me. I have never got a chance to get H-1B visa Stamped.

    In the meanwhile my current employer (ABC) in India filed L1A right now I’m in USA working for my current employer (ABC) on L1A Visa.

    I have not joined Company PQR (H1B Sponsor) till now and still working with Company ABC on L1-A.

    My H1B Sponsor (PQR) informed me that they are closing the company (PQR) in 2 weeks. They are asking me to transfer the H1B petition to XYZ Company in these 2 weeks of time otherwise my petition will be cancelled.

    1. Let me know if the H1B sponsored company is closed will my petition will gets cancelled immediately?

    2. In this scenario do I need to transfer the H1B petition to a XYZ Company immediately, or I can wait till my current assignment completes (till this year end)?

    3. Can I transfer the petition to Company XYZ without joining Company PQR? I don’t have pay stubs from Company PQR. But I have the pay stubs from Company ABC.

    I am comfortable with current project which may extend for 6 months (this year end), but the situation seems to be indispensable for me to quit and start looking for new job with H1B sponsorer.

    Could you let me know in clear if any hidden risks involved in it. The reason why I am requesting is if I lost my L1 B status now, I have to pay a lot to my current employer (ABC). That I cannot afford. The Reason is I have signed a bond to my current working company (ABC) for Rs.500, 000/-.

    Do I have any other options so that I can continue to work on L1A till year end? So please explain me in clear, what possible options are available in my case.

    Please advice me as soon as possible.

  • #2
    1. No. The H1b will get cancelled but not your ability to use the cap number with another employer.

    2. Can be done later.

    3. Read more posts on this subject.


    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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