L1 to H1 Transfer - Urgent

[Deepprak123]

Hello Members/Experts,

I came to USA on 08 Aug 2006 on L1A Visa with employer "A". Before coming to USA
I have started my H1B visa processing with employer "B" and after I came to USA on L1A visa
with employer "A" I got H1B visa approval from employer "B", this approval was without COS
on 25th Aug 2006. I am still working with employer "A" on L1A visa. Now I got offer from
employer "C" with contract to Hire position.

I have following questions


1> I visited to India 6 months back ( may 2008 ) and returned back with L1A visa with the same employer "A".
Does this visit would inactivate or cancel my H1B visa ?

2> I am planning to accept job offer from employer "C" but as my H1B approval is with employer "B"
I need to do COS from L1A ( employer "A") to H1B ( employer "B") then after 3 pay stubs with employer "B"
I will do h1B transfer from employer "B" to employer "C".
How much time it takes for COS from L1A ( employer "A" ) to H1B ( employer "B") and then transfer to H1b
( employer "C" ) ?

3> As my H1B approval was received from India, is it possible to do COS from L1A to H1B without
travelling to India for stamping now, then after couple of months do the stamping ?

3> Can I directly do COS from L1A ( employer "A") to H1B ( employer "C") ?

4> Is there any chances of rejection of COS from L1A to H1B because I travelled to India once on L1A visa
and having H1B (approval only) ?

5> I want to go to India after couple of months for some personal work. I would like to do H1B stamping in India.
Is is advisable to do stamping for employer "B" or employer "C" ? I think while travelling to India my COS
from L1A to H1B for employer "B" would have been completed but H1B transfer from employer "B" to employer "C"
would be in progress.

6> If I want to do visa stamping from India for employer "C", how many paystubs from employer "C"
will require while visa stamping ? Is there any chances of rejection during the stamping ?

7> As employer "C" want to hire me asap, what is the best way to do L1A ( employer "A" ) to H1B ( employer "C").
And how much time it should take ?

[txh1b]

1. Petition remains active. It is immaterial though. Do not use visa for petition. They are not to be used interchangeably.
2. You can COS to C directly without B coming into picture. Just have C transfer the H1b to them. All you need is proof of H1b approval/cap count. Read the FAQs and forum posts.
3. Yes
4. Unrelated to travel.
5. You are complicating the scenario here. B can be eliminated totally from your equation.
6. Couple would do. You have to wait for COS approval to begin the job. Suggest you to go PP. Once COS is approved, no more work on L1 immediately following the aproval.
7. Premium process. 15 days under usual circumstances.

[Deepprak123]

Thank you very much Txh1b, your reply provided so much releif to me!!

Just wanted to confirm once again can I directly do COS from L1A to H1B for company "C" without petition from Company "C" or salary slips from employer "C" ? after reading posts on this forum I understand that for salary slips and petition from employer is required to do COS.
Is there is any chances of rejection in doing direct COS ?

Actully my employer "B" wants to sign an agreement for 1 year with liquidity damages. But if I directly go to employer "C" then I can avoid this situation.

Appreciate your quick response!!

[txh1b]

Your pay stubs prove your current status to USCIS. Think about it. Why would you need pay stubs from some company that you were never employed with? Look on the forums for more posts.

I don't reconfirm anything that was clearly said earlier.

[Deepprak123]

Thanks a lot!! Txh1b

Looks like my consultant Company "B" already sent papers for my COS to USICS before I confirm to them that I do not want to do L1 to H1. Now when I called them, they said we can hold on the processing even though documents will reach USICS.

My question is

1> Is it really possible to hold / cancel processing for COS ( documents still didn't reached USICS ) ?

2> Lets say answer to question 1> is NO, then can company "C" also start COS and H1 Transfer ? In this situation which COS will be considered as final one Company "B" OR Company "C" ( Company "C" is ready to start my COS and H1 Transfer processing ) ?

I really appreciate your prompt answers here.

[txh1b]

1. No. Once it is in the mail, it is gone. They can revoke/withdraw the petition prior to approval. But it could take several months for USCIS to even take a look at it.

2. Each H1b petition is independent. Once any COS is approved, your status changes to H1b. After that, an approval of another COS to the same status (H1b) does not mean much. You could work for either of the employers in such a case. Having too many parallel requests could prompt USCIS to issue an RFE asking which employer you want to work for.

[Deepprak123]

Thank you very Much again!!

One last question :

If I do COS from L1 to H1 for company "C", would my company "B" ( having H1petition ) would come to know about this ? because I am afraid that company "B" might take some actions then..

[txh1b]

No. Even you cannot find out as it is employer's petition. USCIS will not go around town announcing it.

[Deepprak123]

Hello TxH1B,
Finally I applied for COS with Company "C", but unfortunately my COS got denied ( not sure about reason yet ). I am in tense situation now.

1> Does that going to cause any issue with my existing valid L1 status ?
because I am planning to continue my existing job on L1.
2> What are the options available now with me in case I still want to go for
H1 ?

Appreciate your answers

[txh1b]

1, no
2, Get a H1b visa. If you have a good employer, COS or visa should not be a problem. Once you find the reason for denial, post it.