L1b to H1b

[harryhome]

Hi,

I am in US on L1b for employer A. Now after coming to US, my h1b petition from same employer i.e. employer A got approved.

Now employer B wants to file a H1b for me, so that will be new H1b?

If my status is still L1b then can I server notice period of 1 month with employer A after getting new H1b approval notice from employer B?

[shervin143]

Now employer B wants to file a H1b for me, so that will be new H1b?
>>> Yes. It will be a new petition on the current H1B CAP (So you don;t have to go through the quota again).

If my status is still L1b then can I server notice period of 1 month with employer A after getting new H1b approval notice from employer B?
>>> That depends on how the H1B is filed. If the H1B is filed as a COS from L1B, then upon approval, the H1B will come with a new I-94. You should start working for the H1B employer as of the H1B effective date. Any employment with the L1 employer after the H1B COS effective date is illegal. If the H1B is applied as a Consular Process (the approval will come without a new I-94), then you can work with the L1 employer as long as L1 petition / I-94 is valid. Whenever you decide to work for the H1B employer, you will have to leave the country and return back in H1B visa. You can also ask the new H1B employer to file the COS to H1B with a start date in future. That way, for example, if the petition gets approved in the first week of April and if the H1B effective date requested by the employer is end of April, you will have time to serve the notice period.

[harryhome]

Thanks, my h1b was not filed as COS for L1b by Employer A. Now Employer B will file a new h1b for me and I also request Employer B to file COS with future start date so that I can serve my notice period.

1) If employer A terminates my employement before start date on COS, then what can be done?
2) If I am still with employer A till COS start date and plans to join employer B on COS start date. I need to go out of country and come back?

[shervin143]

1) If employer A terminates my employement before start date on COS, then what can be done?
>>> You will have to leave the country immediately. Otherwise you will be accumulating out of status period on L1B. Return back in H1B visa and start working for the H1B employer.

2) If I am still with employer A till COS start date and plans to join employer B on COS start date. I need to go out of country and come back?
>>> COS means Change of Status (H1B approval comes with a new I-94). When your status has already changed to H1B, you can start working for the H1B employer without having to leave the country and return back on H1B visa.

[harryhome]

thanks

Now employer B wants to file a H1b for me, so that will be new H1b?
>>> Yes. It will be a new petition on the current H1B CAP (So you don;t have to go through the quota again).


So my h1b application was not filled as COS from L1b, Now still employer B can get new petition on current H1b CAP or have to go through quota?

[shervin143]

So my h1b application was not filled as COS from L1b, Now still employer B can get new petition on current H1b CAP or have to go through quota?
>>> The new employer can file the H1B on the existing CAP provided yu haven't ulilized all 6 years on H1B + L1 combined.