L1B to H1B for new employment

[Yannis]

Hi All,

I have researched this thread but I have been unable to find something that accurately matches my situation so I am starting a new thread.

Last year I transfer from the UK to the US, to facilitate this move the company I worked for applied for both an H1B and an L1B at the same time. Both petitions got approved approximately the same time. Due to the fact that dependants of an L1B can also gain employment in the US I entered the US on the L1B. Although none of my dependants has/had gained employment.

At this point a new company has offered me a position which I would like to consider. Given the advice I have seen in here so far, I suspect what needs to happen is to apply for a COS (change of status) given that my H1B should still be valid from a CAP point of view.

I would genuinely appreciate any advice anyone can offer on what the process should be for the situation described above.

Kind Regards,
Yannis

[raghvi]

Hi All,

I have researched this thread but I have been unable to find something that accurately matches my situation so I am starting a new thread.

Last year I transfer from the UK to the US, to facilitate this move the company I worked for applied for both an H1B and an L1B at the same time. Both petitions got approved approximately the same time. Due to the fact that dependants of an L1B can also gain employment in the US I entered the US on the L1B. Although none of my dependants has/had gained employment.

At this point a new company has offered me a position which I would like to consider. Given the advice I have seen in here so far, I suspect what needs to happen is to apply for a COS (change of status) given that my H1B should still be valid from a CAP point of view.

I would genuinely appreciate any advice anyone can offer on what the process should be for the situation described above.

Kind Regards,
Yannis

If the H1 B petition was approved, then yes, another employer should be able to apply a COS for you using the Cap Exempt H1 petition .

Do ensure you get dependents COS to H4 filed too along with your COS.

The catch is that once COS is approved you should compulsorily work only with the H1 employer, and get paid by them.

This is my opinion not legal advice.

[Yannis]

Hi raghvi,

I really appreciate the answer, this has been a bit stressful as you can imagine.
I can confirm the H1B petition was approved.

If I understand the process correctly from reading up on USCIS the H1 B company filling for COS should submit two forms. Namely the I-129 and I-539, is my understanding correct?

Again thank you very much for taking the time to reply, I really appreciate it!

Kind Regards,
Yannis

If the H1 B petition was approved, then yes, another employer should be able to apply a COS for you using the Cap Exempt H1 petition .

Do ensure you get dependents COS to H4 filed too along with your COS.

The catch is that once COS is approved you should compulsorily work only with the H1 employer, and get paid by them.

This is my opinion not legal advice.

[raghvi]

I129 is submitted only for you as you will be the only one working. I 539 is for Change of Status it has to be submitted for you as well as your dependents.

This is my opinion not legal advice.

[Yannis]

raghvi,

Thanks for your prompt response, much obliged.

Regards,
Yannis

I129 is submitted only for you as you will be the only one working. I 539 is for Change of Status it has to be submitted for you as well as your dependents.

This is my opinion not legal advice.