V Urgent - L1 to H1 with approved petition

[itssnick]

I work for company A on L1B visa, same company also applied for my H1B visa (2011 quota), which got approved, but before approval I traveled to US on my L1. So my current status is L1.
Now, company B wants to sponsor new H1 to me..so my question is:

1) Can company B file new H1 for me in this year quota, but will that make duplicate filing?

2) or they should file H1B transfer with COS (L1-H1)? But problem is, I only have H1B receipt with me, other documents like approval notice is with my current employer and he will not going to provide any original documents until I go for stamping.

3) Can company B file COS only with receipt number?

I appreciate any quick response.

[shervin143]

1) Can company B file new H1 for me in this year quota, but will that make duplicate filing?
>>> Yes, they can file a new H1B. But since you already have an approved H1B, they can use the receipt number from that instead of filing a new H1B under a new CAP and wasting a CAP number which can be useful for someone else.

2) or they should file H1B transfer with COS (L1-H1)? But problem is, I only have H1B receipt with me, other documents like approval notice is with my current employer and he will not going to provide any original documents until I go for stamping.
>>> Receipt number is enough to prove that you are already CAP counted.

3) Can company B file COS only with receipt number?
>>> Yes.

[itssnick]

Thanks Shervin for quick response,

Just one more query, My H1 petition got approved as consulate processing i.e. I need to go to India for stamping, but now I am in US, so company B can file transfer with COS (L1 - H1)..right??
I mean I don't have to travel back to India for stamping?

[shervin143]

That is correct. As long as you are maintaining your L1B status now, a COS to H1B can be filed. If the H1B gets approved as a COS (the approval should come with a new I-94), you can start working for the H1B employer. Any employment with the L1 employer after the H1B effective date will be considered illegal. So plan correctly while filing the H1B COS. The start date can be requested upto 6 months in advance.

Thanks Shervin for quick response,

Just one more query, My H1 petition got approved as consulate processing i.e. I need to go to India for stamping, but now I am in US, so company B can file transfer with COS (L1 - H1)..right??
I mean I don't have to travel back to India for stamping?