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L1 to H1 Transfer

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  • L1 to H1 Transfer

    Hi All,
    Please guide me what is the right step :
    I work for a company A on L1 visa which is valid up to Sept 2009 with I-94 for the same date.
    I also had a approved H1B petetion from company ,when I was in India for past 4 months then I got my H1B petetion transfered to company C up to 2011 as first 3 yrs for the H1B petetion of company B was about to expire, the Petetion was approved when I was In India only.

    I again came to US on L1 visa in Sept 2008
    Now I want to change to company C which has my H1B petetion which is valid up to 2011.
    My Quaries are
    1. To change status from L1 to H1 Do i need to apply for COS?or just I can cross border and re- enter with new I797.
    2.DO i need to talk my family also with me or If I get my status changed to H1 their status automatically changes to H4.
    2. COS can be applied self or through employer? what is the process of COS? HOw log it takes? Do we get another I-94 with the approval of COS?
    3. If company A suddenly stops payment without any prior notice the one goes OUT of status what can be done to save from these type of situations?
    4. If I apply for COS then the time COS is in the applied status there is no question of status etc?
    5.My employer C has only given me the EAC number only Can the H1B transfer be applied by company D on the basis of valid EAC number only as it can be checked on the USCIS site.
    I will be happy if anyone can through light on these questions.
    Thanks
    Himanshu

  • #2
    L1 to H1 Transfer

    Can any senior member answer to the Quaries

    Comment


    • #3
      1. You need a H1b visa to enter and work on H1b in conjunction with the I797 or could go for COS.
      2.Nothing is automatic. They have to travel for a H4 visa or go for COS.
      3. Are you a Satyam victim? They are required to pay according to US law unless they terminate you. If they terminate, you have to have the new employer COS immediately or leave the country and return on H1b visa.
      4. You can remain while the application is pending provided it was filed prior to you going out of status.
      5. As long as you have proof of one H1b approval to prove cap count, it can be transfered to any employer.

      You definitely need to talk to a lawyer as your immigration knowledge seems very limited.

      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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