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L1-B to H1-B transfer and employer switch clarification. Urgent!

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  • L1-B to H1-B transfer and employer switch clarification. Urgent!

    Hi

    Glad to be on this forum and i appreciate everyone who takes time to read this post and assist me further.

    My wife has 6.5 yrs experience. Working for the same employer after the Under graduation. L1 expires on dec 2012 and company processed H1 in this year 2012 under premium, it got approved. She wants to switch the company because of poor recognition. We want to know the answer to the following questions. Please assist.

    1. Am i eligible to switch employer only after October 2012?
    2. If i am eligible NOW can i switch my employer immediately OR should i work for my present employer atleast 3 months for the pay stubs?
    3. The new employer who is going to do my H1 transfer willing to sponsor GC on EB2 category. Am i eligible for EB2 with Bsc and 6.5 yrs of experience?

    Please advice. Thanks!

  • #2
    1. Am i eligible to switch employer only after October 2012?
    >>> Transfer can be filed anytime. But you cannot join the H1B sponsor until Oct 1st. Oct 1st is when the H1B will be effective.

    2. If i am eligible NOW can i switch my employer immediately OR should i work for my present employer atleast 3 months for the pay stubs?
    >>> You cannot join the H1B sponsor before the H1B becomes effective. H1B payslips are not required if the transfer is filed before Oct 1st. Read the above answer.

    3. The new employer who is going to do my H1 transfer willing to sponsor GC on EB2 category. Am i eligible for EB2 with Bsc and 6.5 yrs of experience?
    >>> I don't think so. EB2 requires 10**+4 (Continuous 4 year education). There is a separate section for GC in immihelp. Go through it and post your GC related questions there.
    Not a legal advice. Use of this information is strictly at your own risk.

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