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  • H1b Approved as Consular Petition

    This is my situation . My company applied H1b as Consular Petition by mistake instead of COS (Mistake because they applied for H4 status for my wife which got rejected).MY current visa (L1) valid till Jun-20

    Questions
    1.How can i change the status through my current company ?
    2. I am planning to take job with an outside company ?Can I transfer my H1b to that company ? Do i need to have payslips ( i heard somebody saying before 30 days, you dont need payslips)
    3. What happens from next months .Can i still transfer my Visa with out payslips
    4. Do you guys suggest to do COS with my Current company and later transfer the visa to my new Company ?

    Any help greatly appreciated..!!1

  • #2
    If you are still working on L1 status and have a copy of the approved petition, a new employer can transfer the petition. Your paystubs prove your current status and you need paystubs for the L1 status than the H1b.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

    Comment


    • #3
      1.If i plan to stay with my company,how can i do the change of Status ( As my current visa is valid till only June) .They are saying i have to go to Consulate before they can change the status

      2. Is there a date/Days before which i can do the transfer to another company without working for my current Company with my New H1b .I am planning to continue with my L1b Status till June ,I wanted to make sure i can transfer my H1b to another company anytime before that ?

      Comment


      • #4
        Please be more clear when you are asking question. When you say current employer, are you talking about your L1 employer? Your current status is L1 (Your status never changed to H1B). There is no L1 transfer. Your current L1 employer will need to file the extension of status for you to continue working after your current I-94 expiry date.

        You cannot work for the H1B employer right away, since the H1B was approved as Consular Process. If you want to work for the H1B employer, you will need to leave the country, get the H1B stamped and return back in H1B visa.

        If you want to transfer your H1B to a new employer, you can do that anytime. Just provide a copy of the H1B approval notice to the new employer and the latest payslips from the L1 employer and ask the new H1B employer to file a COS from L1 to H1B. When the COS gets approved (H1B approval with new I-94), you can start working for the new employer.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          Thanks..

          "
          If you want to transfer your H1B to a new employer, you can do that anytime. Just provide a copy of the H1B approval notice to the new employer and the latest payslips from the L1 employer and ask the new H1B employer to file a COS from L1 to H1B. When the COS gets approved (H1B approval with new I-94), you can start working for the new employer "
          Is this applicable only to new employers ?

          2 Can't my current employer ( who applied for H1b as a consular petition) do a COS with me going for Stamping ? No amendment possible ?

          3.Since you mentioned that with new Employer a COS is possible and since i am getting my New i-94 ,i am assuming i can continue without going for stamping ..

          Thanks for all the help and information

          Comment


          • #6
            Possible. Your H1B sponsor can file an H1B amendment to change the consular process to COS. If that gets approved (with new I-94), then your start working as of the H1B effective date.
            Not a legal advice. Use of this information is strictly at your own risk.

            Comment

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