| Q. |
L1-B to H1-B
- I'm currently employed with Employer A on L1B and the visa is valid till March-2009.
- Last year (April-2007) got H1-B approval with Consular Processing through another Employer B.
- Recently went out of country and got stamping on my L1-B extension again. Entered USA on L1-B and working for the Employer A.
1) I am getting an offer from Employer C. Is it possible to join the Employer C by transferring Employer B's H1-B approval without going out of country?
2) Is it possible to transfer the Employer B's H1-B approval for my current Employer A using existing pay stubs?
3) Is it possible to transfer the H1-B to Employer C from my native country without stamping H1-B for Employer B?
4) Is it possible to join the Employer B without going out of country?
User's Location:
Baltimore, Maryland, United States of America
Category:
Temporary Work Visa (H,L)
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| A. |
thanks for your email.
Answers to questions:
1) Yes; employer C files new I-129 for change of status from L to H, referencing Employer B H-1B approval notice
2) Yes; employer A files new I-129 for change of status from L to H, referencing Employer B H-1B approval notice
3) Yes
4) Yes, but will require new I-129 COS petition by employer B, referencing prior B approval notice. I wouldnt rock that boat, but would leave the US, get a new H-1B visa abroad, then return to start work for Employer B.
Good luck! Jim |
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James R. Mayock
Immigration Lawyer
Elliot & Mayock LLP
(415) 765-5111
www.emvisa.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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| Q. |
Thanks.
1) Is it possible to start working for Employer C once we receive the receipt for COS L to H or have to wait until it gets approved?
2) If I go out of country, are there any issues transferring Employer B H-1B to Employer C?
3) For both cases, Premium processing is available right? |
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| A. |
1) It is my impression that H portability requires H to H, so receipt notice for COS L to H is not enought to start work; may do Premium
2) ConOff may want to know what you are up to, so be prepared to explain
3) PP is available
Good luck!
Jim |
| |
James R. Mayock
Immigration Lawyer
Elliot & Mayock LLP
(415) 765-5111
www.emvisa.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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