L1B to H1B COS approved

[manishpatel]

Hi,
My L1 is expired for company A with valid I-94. Now company B has filled H1B as COS and it got approved with start date after one month of H1B COS approval date.

I have one more offer from company C, My question is
1. Will the company C file new H1B (on what basis) .
2. Will the company C transfer H1B (I dont have H1B COS petition copy or approval notice with me)
3. Can one more L1 to H2B COS is possible (I mean based on my expired L1B Visa however 1-94 is valid)

Please advise what should me the best approach here or any suggesstion what should be done in such situation.

Thanks in advance.

Mani

[kabkaba]

C can file their petition at any time. They will need a copy of B's receipt notice, approval notice or at least the receipt number to show that you have been cap counted. (Their petition will be cap-exempt that way). Get the above from B.

At the time of filing, if your status is L1 (before B's H1 start date), then you will need to provide proof of L1 status (paystubs with A). Visa expiry does not matter, latest I-94 matters.

If your status at the time C files the petition is H1 (after B's H1 start date), then you will need to provide B's paystubs as proof of maintaining H1 status.

There are complications involved. Consult an experienced attorney of your own to determine which employer to join at what time.