Question regarding L1B to H1B

[caldera2k12k1]

Hi,

I am currently working for Company A on L1B. I also have an approved H1B (I-797) Consular petition with start date of Oct 1'st 2008. This petition is counted once against the cap of H1B. But, I have not yet "activated" this by visiting US consulate in India and getting H1B Stamped. So, my current status is still L1B.

- If I wish to change employer to Company B, can I use my approved, but not activated H1B ? That is, trasnfer the H1B directly to Company B, without first changing my status to H1B/activating H1B
- If I can do this, since my L1B Status will expire as soon as I leave company A, what status will I be in when working for Company B.
- Is it mandatory in this case that Company B apply for a COS along with transfer of H1B from my current employer(Company A)
- If Company B refuses to do a COS in US itself, how long do I have after joining Company B to go to Canada/India/Mexico to get my H1B Stamped

Thanks much !!

[txh1b]

1. Yes
2. You cannot begin work for B until the H1b COS is approved. Once COS is approved, you can no longer work on L1. Read tons of such posts on the forum.
3. Not necessary. They can go for Consular Processing as well. You can work for them only when you return with a H1b stamp in that case as it is not a COS.
4. As long as the petition stays valid and your job offer holds good.

Immihelp has a FAQ section that has lot more answers. Read them. I provide the link in every post of mine.