L1 to H1 Transfer

[H1_L1_Queries]

Hi,

I have a query as follows.

I am employed with Company A in India and have a valid L1B visa from Company A. While in India, Company B in US files for my H1B and it gets approved in Jan, 2011. Now my existing employer, Company A, offers to get me transfered to US on L1B and I am planning to take that up.
1. In case I travel on L1B what happens to my approved H1B?
2. In future can another company, Company C, transfer my H1B? As I didnt join Company B, I would not have any paystubs from them. Can a H1B transfer be possible without paystubs?

Would appreciate if someone can help me with any information.

Thanks.

[txh1b]

1. Nothing happens. Each petition is independent. H1b petition remains active as long as the employer does not cancel it.
2. Couple of things can be done. The paystubs indicate your status in US. When you want to transfer the H1b, the paystubs that you need to provide are your current status paystubs which would be the L1 paystubs provided you are asking for a change of status to H1b. You need not produce paystubs from B because you never were maintaining the H1b status with employer B.

[H1_L1_Queries]

L1 to H1B Transfer

Thanks a lot for the quick reply. Much appreciated. Couple of more questions on your reply:
1. If I return to India without the H1B transfer, would I be able to get the
H1B transfer done from India?

2. If the company B cancels my H1B, is there any way I can come to know about it?

Thanks,
Anurag.

1. Nothing happens. Each petition is independent. H1b petition remains active as long as the employer does not cancel it.
2. Couple of things can be done. The paystubs indicate your status in US. When you want to transfer the H1b, the paystubs that you need to provide are your current status paystubs which would be the L1 paystubs provided you are asking for a change of status to H1b. You need not produce paystubs from B because you never were maintaining the H1b status with employer B.

[shervin143]

1. If I return to India without the H1B transfer, would I be able to get the
H1B transfer done from India?
>>> Yes. Transfer is a term used when you are already in H1B status. When yu are in India, it will be more like a new H1B on the same CAP. You can call it transfer if you want.

2. If the company B cancels my H1B, is there any way I can come to know about it?
>>> Not unless you check with the company. Some times the status can be checked online at the USCIS website. But this website is not updated properly. The information there will not be accurate. If yu no longer will be working for that employer in H1B, then whether they cancel it or not should not be your concern. That will not prevent you from using the CAP to file a new H1B through a different employer.