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  • H1 pending and transfer

    Hello,

    I'm in the US working for company A on L1B visa. Company B applied for my H1B visa this year with COS. I've to join on Oct 01, if my H1 is approved.My H1 is still pending. Compnay B has sent me the I797 receipt that clearly states my name and the employers name. So now I know that the H1 is mine

    I do not want to work for companyB now so planning "leap frog" to save my L1B

    My questions are:

    1) Suppose if I travel on a unapproved H1 visa, can I come back on my L1 to work for company A ?

    2) If my H1 gets approved after "leap frog", will by status get automatically converted into H1 ?

    3) Will company A come to know about my H1, when they file for my L1 extension ?

    4) Can I transfer my pending H1 to some other employer ?

    Please let me know.

  • #2
    Read other forum threads as this is discussed very frequently.

    1. That is fine. It just voids the COS not the processing of the H1b.

    2. No. In fact, you dont need to wait till Oct 1st to do that. You can travel before the H1b gets approved anytime to void the COS.

    3. Not unless you tell them.

    4. No

    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.

    Comment


    • #3
      If my COS is void after my travel, I have two options in future to again get my H1:
      a) get the stamping done (preferably from home country)
      b) File for COS again
      Is this correct ?

      Also, I heard that the H1 employer may receive an RFE and H1 employer can reply to this asking USCIS to convert the status from L1 to H1. This may happen withour my knowledge.
      Is it so ?

      Comment


      • #4
        Originally posted by madhav_s
        If my COS is void after my travel, I have two options in future to again get my H1:
        a) get the stamping done (preferably from home country)
        b) File for COS again
        Is this correct ?

        Also, I heard that the H1 employer may receive an RFE and H1 employer can reply to this asking USCIS to convert the status from L1 to H1. This may happen withour my knowledge.
        Is it so ?
        Yes. Those are the options.

        Nothing can happen without your knowledge as for COS, they need your latest I-94 copy.

        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.

        Comment

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