L2 to H1B conversion -Need help

[Brindha]

Nill

[Libra_14]

1.do i need to be in private consultancies payroll for 6 months?

No, H1B is for future position.

2.do i need to ask him to file H1B with COS or without COS?

I would suggest first file without COS. Once you get your H1B in hand, then you can decide a date to change status.

I don't want to resign my Employer A. But need my L2 to get converted to H1B this year. Please help with the options available for me.

You are going in the right direction.

[Brindha]

Nil

[Libra_14]

1. is there any necessity to be in private consultancies payroll for 6 months after i get my H1 approved?The consultant said he has no objection for transfer if H1 is approved.

No, If you are not filing for COS, you can continue to stay on L2. But if you file for COS & move to H1, then you need to be paid continuously to maintain H1 status.

2.Once H1 is approved,can my Employer A can initiate the H1 transfer immediately?so i don't want to change my payroll to consultancy that processed my H1.

Yes, Employer A can file for H1 transfer.

[Brindha]

n

[Libra_14]

For Employer A to transfer the H1,does they need pay stubs from consultancy who filled my H1? (the consultancy who is filling my H1 will only process my H1 and i will not be working with them anytime.)

Not 100% sure for H1 visas, but I guess once your H1 is approved from Company B, your current employer can file for another H1 petition - taking you as cap exempt & you won't have to go through the dates & lottery again. In that case you won't need payslips.