L1 to H1 COS

[dearsboa]

I am working in Company A and got L1B on 2007. I travelled to US using L1B on Feb 2008. I have applied H1B through Company B on Mar 2008 as L1 to H1 COS and it got approved and My status got changed to H1. But due to recession, I didn't quit from Company A, so, I continued work till mid of Dec 2008 and travelled back to India and working with Company A offshore. In India, I didn't get stamped for H1B. Then I travelled to US using L1B for Company A on Mar 2010. But still I have H1B approval. Now my L1B visa is getting expired on Sep 2010 and my company is asking me to apply for L1B extension. So, I am planning to apply L1B extension. Please clarify my following doubts,

1. Shall I convert my status from L1 to H1 using the H1B petition approval of Company B without going to India?

2. Shall I transfer H1B approval petition of Company B to Company C and apply for L1 to H1 COS and start working for Company C without going back to India?

3. What are all the options available for use my H1 petition approval (2008) without going to India?

4. If definitely I have to go back to India and get stamped means, Is it a right time to go for H1B stamping?

Thanks in advance
Ajith

[shervin143]

1. Shall I convert my status from L1 to H1 using the H1B petition approval of Company B without going to India?
>>> Possible if that H1B petition is still valid.

2. Shall I transfer H1B approval petition of Company B to Company C and apply for L1 to H1 COS and start working for Company C without going back to India?
>>> Possible. The COS need to get approved for you to work for Company C. Once the COS gets approved, you need to quit Company A immediately and join Company C as your stagus will change from L1 to H1B.

3. What are all the options available for use my H1 petition approval (2008) without going to India?
>>> Above two options + filing a fresh H1B with the current or new employer.

4. If definitely I have to go back to India and get stamped means, Is it a right time to go for H1B stamping?
>>> There is no such thing as the right time. Anytime is the right time if you have all the required documents.

[dearsboa]

Thanks a lot for your reply...

1. How to check the validity of the H1B Petition approval?
2. What are the documents required to transfer H1B petition approval from Company B to Company C? I have I129 - Receipt Notice soft copy. Is that enough?
3. What is the procedure for applying L1 to H1 COS in both cases ie., for Company B(H1B applied company) or Company C (Transfer to Company)?
4. How long it will take for processing L1 to H1 (COS) and H1 Petition from Company B to Company C and what is the cost involved?

Thanks,
Ajith

[shervin143]

1. How to check the validity of the H1B Petition approval?
>>> It will be in the approved H1B petition.

2. What are the documents required to transfer H1B petition approval from Company B to Company C? I have I129 - Receipt Notice soft copy. Is that enough?
>>> http://www.immihelp.com/forum/showthread.php?t=75721

3. What is the procedure for applying L1 to H1 COS in both cases ie., for Company B(H1B applied company) or Company C (Transfer to Company)?
>>> Company need to file a COS from L1 to H1B. They would know how to d this.


4. How long it will take for processing L1 to H1 (COS) and H1 Petition from Company B to Company C and what is the cost involved?
>>> 2-3 months by normal process and 15 days by premium. Check the USCIS website for the fees associated.