L1 B to H1 B transfer

[deepsamb]

I'm working for Employer A on L1 B. My L1 B visa is valid till April 2006 & I-94 valid till April-2008. I will be filing H1 B through Employer B in April-2006. I have the following questions.

1. Can I start working for Employer B as soon as my H1 B petition is approved. Or Is it that I have to wait till Oct-2006?
2. As my L1 B visa will expire in April-2006, do I have to go back to India for the H1B visa stamping before I start working for the new employer.
3. Do I need to have H1B petition approval and H1B visa stamping before I can start to work for the new employer.
5. If my HIB petition is approved, is it possible I can continue to work for my current employer for sometime before I start working for the new employer.
6. What is the earliest date I can start to work for the new employer after my H1 B petition is approved.

Thanks in advance.

[vvarahagiri]

Here you go..

1) No you can't start working as soon as it is approved. The earliest you can start working is from 01-OCT-2006

For the rest of the questions the scenario depends on whether Employer B files for a fresh H1 or if he files for a Change of Staus from L1 to H1.

Below responses are for your queries 2,3,5,6 for the case where your employer B files for a fresh H1

Yes you've to go back to India to get the H1 stamping and can only re-enter US on or after 01-OCT-2006 since the H1 visa validity date will be 01-OCT-2006 to 30-SEP-2009.

Below responses are for your queries 2,3,5,6 for the case where your employer B files for a Change of Staus from L1 to H1.

2) You can continue to stay in US as long as your I-94 is valid. You need not go back to India. Your H1 approval will have a new I-94 with the validity date as 30-SEP-2009. So legally you can stay in US until 30-SEP-2009. In case you visit India you will have to get the H1 stamped and enter US on H1.

3) You can start working without getting H1 stamped.

5) You can continue to work for your employer until 01-OCT-2006 and its advisable to switch to the new employer ASAP

6) Earlier date you can start working is 01-OCT-2006 no matter whatever the case be. Your approval will be effective from 01-OCT-2006 even though you receive it say in August or May after applying.

[Chida]

Dear Warahagiri,

I have few questions relating to similar case above as I am also planning to get L1B transferd to H1B.

-Where your employer B files for a Change of Staus from L1 to H1.
I have dependents (spouse and minor daughter), does it affect them?
Their I-94 is valid until end of Dec 2007, Do they have to go back to India?
Can the validaty changed till end of 30-SEP-2009 without leaving US?

Pls advise.


Hello deepsamb

My case is also very similar to yours, perhaps can we be in touch?
Pls feel free to mail me at chida_hr@yahoo.com

Many thanks,
Chida

[ronline]

note that the dependant status changes with every new visa status that the primary visa holder acquires. u can file Change of status using form i539
(e.g l2 holder can only maintain status as long as l1 holder )maintains valid status.