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L1 to H1 - Urgent

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  • L1 to H1 - Urgent

    Hi,

    I am currently on L1 with company A. I have an H1 (approved in 2007) from Company B. I maintained my status as L1 till now.
    Now I have a job offer from Company C and they have files H1 transfer petition.
    But Just now I have got a job offer from my original H1 employer B. I want to take this job. I talked to somneone and he said that amended petition has to be file to change the status. Is that correct.
    Also will there be any issue if my employer B also files an amended petition for COS as there will be 2 petitions files for me. Please help....

  • #2
    Please help !!!

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    • #3
      But Just now I have got a job offer from my original H1 employer B. I want to take this job. I talked to somneone and he said that amended petition has to be file to change the status. Is that correct.

      ------->Correct

      Also will there be any issue if my employer B also files an amended petition for COS as there will be 2 petitions files for me. Please help..

      ------>No issues. Whichever is last action will take effect. Also ask C to withdraw transfer.
      Last edited by sk4ih; 10-02-2009, 09:28 AM.

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      • #4
        Originally posted by sk4ih View Post
        Also will there be any issue if my employer B also files an amended petition for COS as there will be 2 petitions files for me. Please help..

        ------>No issues. Whichever is last action will take effect. Also ask C to withdraw transfer.
        Last action rule applies to a status change only. If two employers file for COS from another status to H1b, the first one that gets approved puts the alien in H1b status and the alien can continue to work for that employer even if a new H1b gets approved for another employer.

        The user can leave the first H1b COS processor and go work for the second one as well.

        In effect, the last action rule applies to status change only and not for employers using the same status.

        If employers X and Y both file for H1b COS for a L1 holder, the alien could work for X as soon as it gets approved or Y when it gets approved but cannot work for L1 employer after any of the H1b petitions COS effective date.

        Hope I am clear.

        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.

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