H1B Transfer

[Nitinbabu80]

Hello Experts,

Apologies if this/similar question is already answered

a) I'm currently working in US based company X in India for past 4 years. Last year had applied for H1B visa through a company y in US. Last week I got following documents from company Y.

a) I 797 B (valid from Mar 2011 till Nov 2013)
b) I 129 and
c) G-28

I'm yet to go for interview and stamping.

Now , My current company X , wants me to travel to US. in this scenario, Here are my queries
a) Can I transfer Company Y doc's (I 797B) to my current company X instead of applying fresh H1B petition/Visa.

b) If my current company X process L1 Visa instead of H1B and if it’s through and I travel to US, In future If I want to move to different company and want to file H1B petition, Will there any chance of rejection because my H1B petition was approved however I travelled with L1 and applying for H1?

c) If I travel on L1 Visa filed by current employer X and later Is there a way I could transfer L1 to H1 for same or different company?

Thank you in advance.

[shervin143]

a) Can I transfer Company Y doc's (I 797B) to my current company X instead of applying fresh H1B petition/Visa.
>>> Yes. Give company X a copy of your approval notice (I-797) from company Y and ask them to file a new H1B petition using the CAP from the approval notice of Company Y. Upon approval, you can attend the visa stamping with newly approved petition for Company X.

b) If my current company X process L1 Visa instead of H1B and if it’s through and I travel to US, In future If I want to move to different company and want to file H1B petition, Will there any chance of rejection because my H1B petition was approved however I travelled with L1 and applying for H1?
>>> No issues. It is not mandatory to travel just because you got the petition/visa approved.

c) If I travel on L1 Visa filed by current employer X and later Is there a way I could transfer L1 to H1 for same or different company?
>>> Yes. If you are in U.S in L1 and if you want to switch to H1B, then a COS from L1 to H1B need to be filed (same process as step 1 + change of status from L1 to H1B). Upon approval, you can start working for the H1B employer. If a COS is filed, then upon approval, you have to immediately start working for the H1B employer. Any employment with the L1 employer after the COS effective date is illegal.