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  • L1 to H1 transfer

    hi,

    I am from India and came to USA through L1 through company A and got my H1 approved in oct 2008 for company B. But I am still working for company A. Now I have decided to join company B, as company B complaints that "I need to be on his pay roll effective immediately" otherwise company B says it will cancel my H1. so now i have quit company A and going to join company B.
    Here are my few doubts. Please clarify?

    a) If I have decided not to quit company A, can company B cancel my H1?
    b) Am I legal to work if COS is not done to H1?
    c) How do I find out if COS is done or not by company B?
    d) which is best place to go for stamping for transferring L1 to H1 now at this point of time. Canada/Mexico/India?
    e) I also heard that Mexico is not now taking transfers from L1 to H1's Now. Is it true? please confirm
    f) if decide to go stamping now, after how many months I can go for stamping (i.e) after how many pay stubs I can go for L1 to H1

    Thanks
    Pranesh[/FONT]

  • #2
    First of all, ask the employer B if the H1 was filed with COS.
    Also, can you tell me if the new I94 is attached to the H1 approval petition ?
    If yes, then it was a COS and u are in for a big trouble.

    If not, then it's good and you have various options.

    But first, find out if the H1 was filed with COS option.

    Comment


    • #3
      hi,

      I am from India and came to USA through L1 through company A and got my H1 approved in oct 2008 for company B. But I am still working for company A. Now I have decided to join company B, as company B complaints that "I need to be on his pay roll effective immediately" otherwise company B says it will cancel my H1. so now i have quit company A and going to join company B.
      Here are my few doubts. Please clarify?

      a) If I have decided not to quit company A, can company B cancel my H1?

      --- Situation 1: COS applied: If this is done, then you are out of status since Oct 1, 2008 and you need to leave the US immediately.
      --- Situation 2: COS not applied: If this is done, then you are fine to work for Company A and if you choose to work for Company B, then you need to get an H1B stamping done (preferably in your home country).
      --- If you don't quit Company A, Company B can cancel your H1.

      b) Am I legal to work if COS is not done to H1?

      --- It is only legal to work for Company A (on L1) if a COS has not been applied. You should not be working for Company B (on H1) without an H1B stamping.

      c) How do I find out if COS is done or not by company B?

      --- Company B's attorney would be the best contact for you.

      d) which is best place to go for stamping for transferring L1 to H1 now at this point of time. Canada/Mexico/India?

      --- In my experience, it is always good to go to your home country for stamping. Seniors can pitch in more as to which country would be better for stamping.


      e) I also heard that Mexico is not now taking transfers from L1 to H1's Now.
      Is it true? please confirm

      --- No idea. Seniors, please respond.

      f) if decide to go stamping now, after how many months I can go for stamping (i.e) after how many pay stubs I can go for L1 to H1

      --- Irrespective of this being a COS or not, you should carry at least 2-3 most recent pay stubs. Additionally, if this is a COS, then you are required to carry 2-3 most recent pay stubs of Company B, which you don't possess. Please wait for seniors to respond.

      Thanks
      Rajesh

      Comment

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