L1 to H1 change while in the US

[satheesh_calif]

Hi,

I have few queries regarding L1 to H1 change.I have explained my scenario below.Your help will be very much useful.Please help.

1) I am currently with employer X in L1 visa.
2) I got my H1B approved for employer Y in Apr 2008.
3) In July 2008,I went to India for vacation and entered US with L1 stamped.The stamping is valid till July 2011.
4) I have never used my H1 approval as I didnt get any project so far.I do not have any pay stubs with my H1 sponsor Y .Also I believe my current status is L1 (as per visa stamping).

Questions:-

1) Once I get a project,can I leave X and start working with Y directly ? Or do I need to file a change of status (from L1 to H1 - I129 !?) ?
2) Can I transfer my H1 to another employer Z now ? Do I need to change my status to H1 before transferring to Z ? I have only L1 paystubs.

Thanks in advance
Raghav

[arajesh19]

Hi,

I have few queries regarding L1 to H1 change.I have explained my scenario below.Your help will be very much useful.Please help.

1) I am currently with employer X in L1 visa.
2) I got my H1B approved for employer Y in Apr 2008.
3) In July 2008,I went to India for vacation and entered US with L1 stamped.The stamping is valid till July 2011.
4) I have never used my H1 approval as I didnt get any project so far.I do not have any pay stubs with my H1 sponsor Y .Also I believe my current status is L1 (as per visa stamping).

Questions:-

1) Once I get a project,can I leave X and start working with Y directly ? Or do I need to file a change of status (from L1 to H1 - I129 !?) ?
2) Can I transfer my H1 to another employer Z now ? Do I need to change my status to H1 before transferring to Z ? I have only L1 paystubs.

Thanks in advance
Raghav

--- If your H1B filing was done as Change of Status (COS), then starting Oct 1 2008, you were automatically on H1B status. And if that is the case, you have been illegally working for Empl. X. Your payroll from Oct 1, 2008 should have been generated by Empl. Y. You need to consult an immigration lawyer to get clarity in your case.

If your H1B filing was done as Consular Processing (CP) which meant that you need to get an H1B visa stamping done in order to work for Empl. Y, then you are fine. As far as Question 1 goes, if you get a project through Empl. Y, then you will have to leave the US, get an H1B visa stamping done and then return back to the US to work in the project allotted to you.

For Question 2, if you find another Empl. Z, then you will have to file for a visa transfer based on your employment with Empl. X. This situation arises only if your L1 to H1B (Empl. Y) is based on CP.

Hope this helps. Seniors, please correct if there is an error.

Thanks
Rajesh

[satheesh_calif]

Dear Rajesh,

Thanks for getting back to this.My H1 was applied as COS in Apr 2008 .But the COS got overridden with L1 status in July 2008 as I got L1 stamping in July before I travelled from India.So I think I am fine as far as working for my employer X in L1 status is concerned.

The concerns I have is regarding the change of status from L1 to H1.I am being advised that its just enough if I apply for COS (form I129).If I do in premium processing,my COS will be approved within 2 weeks.After this I should be able to work in H1 for my new employer (H1 sponsor) Y.

Other question is can I do H1 tranfser without H1 pay stubs.I am being advised that I can transfer without pay stubs and I am assuming my status will also be changed to H1 once I do the transfer.


Please confirm.

Thanks
Raghav

[arajesh19]

Dear Rajesh,

Thanks for getting back to this.My H1 was applied as COS in Apr 2008 .But the COS got overridden with L1 status in July 2008 as I got L1 stamping in July before I travelled from India.So I think I am fine as far as working for my employer X in L1 status is concerned.

The concerns I have is regarding the change of status from L1 to H1.I am being advised that its just enough if I apply for COS (form I129).If I do in premium processing,my COS will be approved within 2 weeks.After this I should be able to work in H1 for my new employer (H1 sponsor) Y.

Other question is can I do H1 tranfser without H1 pay stubs.I am being advised that I can transfer without pay stubs and I am assuming my status will also be changed to H1 once I do the transfer.


Please confirm.

Thanks
Raghav

--- I think there is something called Efren Hernandez memo/law which allows a person to return back on an existing visa (in your case L1), but on October 1, 2008, if a COS has been done, the status automatically changes to H1B.

Seniors can confirm if I am right. As for your other questions, senior members should be able to answer those for you.

Thanks
Rajesh