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L1 to H1 - Status Change

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  • L1 to H1 - Status Change

    Hi All

    I'm currently holding L1B with company X and am located in US. I have also got an approved H1B petition from Company Y.
    Note: I haven't filed for change of status from L1B to H1B as of now.
    I have got another good offer from Company Z.

    My question:

    1. Can I join Company Z [On H1] directly from Company X [L1B]?
    2. Will this be considered as H1B transfer [Since my petition is filed by company Y but the status change is not yet filed]?
    3. If yes, Since I will be joining directly from Company X to company Z, I will not be having any paystubs from Company Y [Since I never started working with them]. Will this cause any problem?
    4. What documents I need to file for such transfer?
    5. Is there any condition/rule by USCIS which prevents the employee to switch the employer within a month's time after joining them? [In case I join Company Y].
    6. Can Employer "Y" cause any issues in the Visa transfer?

    Any help will be highly appreciated.

  • #2
    1. Yes
    2. Yes. A transfer is nothing but a new petition that is not subject to cap if you have one that was already cap counted and approved. You need not be on H1b status for that to happen.
    3. No. Your new company will file for a COS from L1 to H1b. The paystubs are required to prove your current status in US. Where or why does H1b paystubs come into picture if you were never on H1b and if it was not a COS?
    4. Same as earlier. Nothing special other than proof of your H1b approval to prove cap count.
    5. Nothing like that. How will you join Y if it was not a COS? You need a COS amendment approval or a H1b stamp to join Y.
    6. Not with USCIS but if you had some agreement with Y, they could. But they cannot stop the transfer.

    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.