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Transfer H1B without a valid visa?

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  • Transfer H1B without a valid visa?

    I am reading an article about how to transfer H1B from one company to another. The following has my interest:

    During the H1B transfer procedure, the following documents may be required:
    · Up to 3 months latest pay stubs.
    · Copy of your existing H1B approval.
    · Passport copies.
    · Copies of I-94 records.
    · Copy of Social Security Card.
    · Latest Resume.
    · Copy of existing valid visa. <======== this line
    · Copy of all your Diploma/Degrees.

    I do not have a problem with any of the above documents except the marked line. I am under L1 status and I am in the US. The L1 visa already expired last year and my work & stay in the US is supported by I-129 extension of stay, therefore I guess I do not have a valid / unexpired visa. Now I am applying for H1B, and hopefully it will be approved soon. Once I get it approved, I understand that I can file a COS to "officially" switch from L1 to H1, or leave the US and apply for a H1B visa before re-entry. If I choose to do COS in the US, do I get a new H1B visa at all? If not, will it be a problem to transfer H1B to a new employer?

    Thanks!

  • #2
    That's fine. All you need is valid I-94 to apply for change or extension of status.
    This is my opinion and not legal advice.

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