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From L1 to H1B (Consular Processing) before stamping

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  • From L1 to H1B (Consular Processing) before stamping

    Hi,

    I am working for this employer in U.S under L1 status valid for 2 years. In the meantime, my current company applied to H-1B using consular processing from which I understand will require me to go get stamped to move on the H-1B status. They said that they are willing to activate it in 2 years so they can use the entire period of the L1.

    However a new employer made a very interesting offer that I am considering. Their immigration department said that I should first activate my H1B with my current company and then, they will transfer it.

    Do you know if the new employer could fill a new H-1B cap-exempt petition as my H-1B has already been approved? My idea would be to get it transferred, resign and go get the stamp. If I resign, could they withdraw their application and in consequence the transfer of my H-1B?

    Is there any odd that the transfer does not work? In that case, what happened to the initial petition?

    Thanks for your help

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