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L1B to H1b Visa Transfer, Job Switch

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  • L1B to H1b Visa Transfer, Job Switch

    Hi,

    Please help me with following questions.

    I am L1B visa.

    1) My existing company will be filing H1B visa in Apr 2012
    & I am also thinking of taking up new Job and hence new company will be filing
    H1B Visa same time.

    is this legal ?

    2) Incase I remain stuck with current company, Can I switch to new Company by 1st Oct 2012 ?

    3) Incase I get new job and new company is able to file H1B ( if legal ) , what is the earliest date
    I can switch to new company.

    Regards
    Sachin
    Last edited by Sachin11; 01-21-2012, 10:33 AM. Reason: wrong spelling

  • #2
    1) My existing company will be filing H1B visa in Apr 2012
    & I am also thinking of taking up new Job and hence new company will be filing
    H1B Visa same time.

    is this legal ?
    >>> Yes.

    2) Incase I remain stuck with current company, Can I switch to new Company by 1st Oct 2012 ?
    >>> You cannot join the new employer until the H1B effective date. If it is an H1B filed on a new CAP, then the start date will be on or after Oct 1st.

    3) Incase I get new job and new company is able to file H1B ( if legal ) , what is the earliest date
    I can switch to new company.
    >>> It depends on whether the H1B gets approved for COS (approval with new I-94) or for consular process. If it is a COS, then you should join the new employer as of the H1B effective date. Any employment with the L1 employer beyond that will be considered as illegal employment. If the H1B gets approved for consular process (approval without a new I-94), then you need to leave the country and return back on a valid H1B visa and approved H1B petition to get a new I-94 at the POE.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Hi,

      My existing company will file h1b with purpose of filing GC, not sure it will be change of status
      or Consular process. ( current L1B - I94 expires this year Dec )

      But on the other side new company would be filing H1B which I think would be change of status
      (*best of my guess)

      In 2nd case of change of status , H1B effective date would be when the petition gets approved ?


      Please advise.

      Comment


      • #4
        Effective date will be mentioned in the approval notice. The employer can request an effective date of upto 6 months in future. If the employer requests the effective date to me imediate, then H1B will become effective immediately upon its approval. In such case, you need to immediately quit the L1 employer and join the H1B sponsor. Any employment with the L1 employer past the H1B effective date is considered as illegal employment.

        Originally posted by Sachin11 View Post
        In 2nd case of change of status , H1B effective date would be when the petition gets approved ?
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment

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