H1B Transfer(after L1B to H1B COS approved)

[sandeep12345]

Hello,

I was with Company A on L1B visa.Company B sponsored H1B and after H1B petition and COS approved (new I94 with H1 validity date) started working for Company B from 15th OCt 11.I have two pay stubs.

Now got another offer from Company C and willing to work for company C .Company C is ready to do H1B transfer.

my queries:
1.If the H1 transfer gets approved , I would be issued with a new I94 for employer C (as my current I94 is valid till 2014) ?

2.Do i need to go back to home country to get visa stamped ,so that i can start working for Company C ?

3.H1B transfer issues,any?

4.If H1B transfer doesnt get successful ,can i still work for Company B ?

Thanks for your help.
Sandeep

[shervin143]

1.If the H1 transfer gets approved , I would be issued with a new I94 for employer C (as my current I94 is valid till 2014) ?
>>> Yes, you will get a new I-94.

2.Do i need to go back to home country to get visa stamped ,so that i can start working for Company C ?
>>> If the transfer gets approved with a new I-94, then you can join them immediately. If the transfer gets approved for consular process (no new I-94), then you need to leave the country and return back on Company C petition and a valid H1B visa.

3.H1B transfer issues,any?
>>> Ask specific questions. There are always chances of petitions getting rejected.

4.If H1B transfer doesnt get successful ,can i still work for Company B ?
>>> Yes. Continue to work for Company B until Company C's petition gets approved. If you join Company C with just the receipt notice and if the petition gets denied later, then you have to leave the country and return back on Company B petition. So it is advisable to join company C only after the transfer gets approved.

[sandeep12345]

H1B Transfer Issues-

1. If my H1B transfer gets rejected (B to C) ,can i still work for Company B without leaving the country ?

2. Lets say after the H1B transfer Rejection (B To C) ,can we try for H1B transfer in case there is a new offer

1.If the H1 transfer gets approved , I would be issued with a new I94 for employer C (as my current I94 is valid till 2014) ?
>>> Yes, you will get a new I-94.

2.Do i need to go back to home country to get visa stamped ,so that i can start working for Company C ?
>>> If the transfer gets approved with a new I-94, then you can join them immediately. If the transfer gets approved for consular process (no new I-94), then you need to leave the country and return back on Company C petition and a valid H1B visa.

3.H1B transfer issues,any?
>>> Ask specific questions. There are always chances of petitions getting rejected.

4.If H1B transfer doesnt get successful ,can i still work for Company B ?
>>> Yes. Continue to work for Company B until Company C's petition gets approved. If you join Company C with just the receipt notice and if the petition gets denied later, then you have to leave the country and return back on Company B petition. So it is advisable to join company C only after the transfer gets approved.

[shervin143]

1. If my H1B transfer gets rejected (B to C) ,can i still work for Company B without leaving the country ?
>>> You can provided you have not joined company C and you are still employed with company B and their petition and I-94 remains valid.

2. Lets say after the H1B transfer Rejection (B To C) ,can we try for H1B transfer in case there is a new offer
>>> Yes. Company B's petition and I-94 should remain valid for a successful transfer.

[kattu786]

1. If my H1B transfer gets rejected (B to C) ,can i still work for Company B without leaving the country ?

2. Lets say after the H1B transfer Rejection (B To C) ,can we try for H1B transfer in case there is a new offer

Hey Sandeep.......

I am also in a similar situation ......In my case C is same as A.Did you transfer get approved......