H1 transfer along with change of status while L2 extension is pending.

[mahi191]

Hello,

I have an approved H1 petition, I-797B with company A in India but didn't go for Visa interview. I quit my job in company A and I came to US on my L2, which I had previously and still valid then as my spouse was in US. My L2 has expired and extension is currently pending with USCIS. I want to apply for a job with company B in US.
a) Can company B apply for H1 transfer along with change of status? Or
b) Should I wait for my L2 extension approval and then apply for a job with H1 and get my change of status done from L2 to H1.?

[rkk09]

Hi Member,
a) Can company B apply for H1 transfer along with change of status? Or
Answer: When you file change of status petition, at that time you need to have active status. When you file H1B change of status petition, if you are on L2 active then you can do.
b) Should I wait for my L2 extension approval and then apply for a job with H1 and get my change of status done from L2 to H1.?
Answer: Yes. This is suggestable.
Thanks