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H1 B transfer

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  • H1 B transfer

    I am in US on Employer A's L1 B visa since 2008. In 2009, Employer B applied H1 B visa with COS and it got approved, but i didn't join Employer B and converted H1 to L1 by going out of USA and came back on L1 B visa. So currently I am on L1 B visa and also have approved H1 B petition. Now I want to work for employer C. Does Employer C have to apply fresh H1 B or H1 B transfer based on my approved petition?

    If H1 B transfer:

    > What is the processing time currently?

    > how soon i can work for employer C i.e. I read somewhere that once employer C filed for H1 transfer, one can start working without waiting for approval/rejection from USCIS? If yes, and USCIS rejected transfer request, what options do I have?

    Always appreciate your help.

  • #2
    Now I want to work for employer C. Does Employer C have to apply fresh H1 B or H1 B transfer based on my approved petition?
    >>> Your current H1B petition can be transferred to company C. Transfer is nothing but a new H1B petition under the existing CAP (The CAP on the H1B petition that you hold now).


    If H1 B transfer:

    > What is the processing time currently?
    >>> 2-3 months by normal process and 15 days by premium.

    > how soon i can work for employer C i.e. I read somewhere that once employer C filed for H1 transfer, one can start working without waiting for approval/rejection from USCIS?
    >>> That applies only when you are already in H1B status. Since you are in L1 now, the change of status to H1B should get approved for you to work for the H1B employer (company C).

    If yes, and USCIS rejected transfer request, what options do I have?
    >>> N/A. If the H1B petition gets rejected, then you will remain in L1 status and you can continue to work for the L1 employer.
    Not a legal advice. Use of this information is strictly at your own risk.

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