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L1B to H1B tranfer - Help Please!

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  • L1B to H1B tranfer - Help Please!

    I am currently working in US on L1B visa with company A.
    I hold a valid H1B petition (applied in April 2009) valid until September 2012 with company B.
    Now, I am looking for a full-time job opportunity with another company C.


    What options do I have in hand now, in order to transfer to Company C?


    1a. Is it possible to apply for a change of status from L1 (with Company A) to H1 (with Company C) & a H1 transfer from Company B to Company C simultaneously, to start working with the Company C?

    1b. Will L1 pay-statements (with Company A) be sufficient for H1 transfer from Company B to Company C as I do not have pay-statements with Company B?

    (Or)

    Should I first do a Change of Status from L1 (Company A) to H1 (Company B), work for few months with Company B and then after I have few pay statements with Company B, do a H1 transfer to Company C?

    2. Is it possible for the company C to apply for a H1 for me, even though the cap is filled in January.(I mean, as I am cap counted once in 2009, will they be able to apply for a new H1 for me instead of waiting till April 2011 to apply and Oct 2011 to start working)



    FYI, My Visa/Travel Timeline:

    Oct 2007 - L1 Visa approved through Company A
    Jan 2008 - Arrived into USA on L1
    Jan 2009 - Traveled to India
    Apr 2009 - Applied for H1, when in India
    July 2009 - H1 Petition approved
    Sep 2009 - Arrived into USA on L1
    Nov 2009 - Traveled to India
    Nov 2009 - Arrived into USA on L1
    Sep 2010 - Traveled to India
    Dec 2010 - L1 Visa renewed
    Jan 2011 - Arrived into USA on renewed L1


    Thanks,

  • #2
    1a. Is it possible to apply for a change of status from L1 (with Company A) to H1 (with Company C) & a H1 transfer from Company B to Company C simultaneously, to start working with the Company C?
    >>> Yes.

    1b. Will L1 pay-statements (with Company A) be sufficient for H1 transfer from Company B to Company C as I do not have pay-statements with Company B?
    >>> Payslips from L1 employer is enough to file the COS.

    (Or)

    Should I first do a Change of Status from L1 (Company A) to H1 (Company B), work for few months with Company B and then after I have few pay statements with Company B, do a H1 transfer to Company C?
    >>> Not required. Read the above answers.

    2. Is it possible for the company C to apply for a H1 for me, even though the cap is filled in January.(I mean, as I am cap counted once in 2009, will they be able to apply for a new H1 for me instead of waiting till April 2011 to apply and Oct 2011 to start working)
    >>> Yes.
    Not a legal advice. Use of this information is strictly at your own risk.

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