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L1 to H1 Transfer

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  • L1 to H1 Transfer

    Hi,

    I am currently working with Company 'B' on L1B Visa.

    Back in India I was working with Company 'A' before joining 'B'. Company 'A' had filed my H1B petition which was approved but I never got Visa stamped (So all 6 yrs in that CAP are still intact). Then I left company 'A'; joined 'B' and now in US through company 'B' but on L1 visa.

    Now if I want to change my current company in US how can I do that using old approved H1B petition? What kind of process I have to go through and what are the things which I need to be careful about?

    Your help in resolving these queries is much appreciated.

    Thank you.

  • #2
    Any employer can file a new H1B using the old CAP from the previous H1B approval notice (Just give them a copy of the old H1B approval notice) and request an immediate start date. Upon approval you should work for the H1B sponsor as of the H1B effective date. Any employment with the L1 employer after the H1B effective date is considered illegal.

    L1 + H1B = 6 years. So the time that you have already spend in L1 will be considered in your 6 year term.
    Not a legal advice. Use of this information is strictly at your own risk.

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