H1 Transfer queries

[hshindey]

What is the name of your state? CA
Hi,

I am currently in the USA with L1 visa working for company A. I have applied for H1 visa thru company B this year (2007) and the petition got approved. Company B told me that after October they will apply for amendment and I can start working for them. Can someone answer the following queries?
1) What is L1 amendment and is it legal to work for company B once the amendment is filed?
2) Can I continue with company A once my amendment is approved?
3) I am planning to go to my country for vacation end of this year. For returning to USA do I need visa stamping?
4) Now I have got a better offer from company C in the USA. Is it possible to transfer my H1 visa to company C with my H1 approval notice without letting company B apply for the amendment?

Thanks !!

 

[ImmigAttyLana]

1. What amendment are they talking about? If they had already filed a H-1B petition that was approved on your behalf and it was approved as a change of status from L-1 to H-1B, effective 10/1/07, nothing further is needed since on that date, your status will automatically change from L-1 to H-1B.
2. If the H-1B was approved as a change of status effective 10/1/07, after that date you are officially in H-1B status and not in L-1 status and, therefore, you do not have employment authorization to continue working for company A.
3. Yes, if you will intend to return in H-1B status in order to continue working for company B, you will need to obtain a H-1B visa at a US Consulate abroad prior to being able to return to the US.
4. It would not be a transfer since you are not yet in H-1B status, but assuming you have a valid H-1B approval notice from company B, then company C can file a new petition on your behalf that would not be subject to the quota.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

 

[hshindey]

Hi Lana,
Thank you very much for your immediate response.
1. As I mentioned company B has filed a H1-B petition on my behalf and it is approved. But this is not approved as change of status since by the time I applied for H1-B I didnt have L1 visa. Now I am being in L1 they want to change my status from L1 to H1 by applying an amendment.

Please advice if my understanding on (4) is correct.
Provided I get the valid approval notice from company B, company C can apply for H1-B transfer on my behalf without me getting the visa stamping. If this is possible will there be any complications in getting the transfer since I wouldn't even started working for company B and I will not have any paystubs form company B. Here I am assuming that visa stamping is needed only to enter the USA. Since I am already in the USA i dont need the stamping.

Please clarify.

Thanks !!

 

[ImmigAttyLana]

Yes, assuming the amended petition to file for a change of status is approved, then company C can file a new petition on your behalf that would not be subject to the quota and that would enable you to start working without getting a H-1B stamp. As long as you will not leave the US, you will not need a H-1B visa stamp. The first time you depart the US, you will need to get a H-1B visa stamp in order to be able to return to the US in H-1B status.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

 

[hshindey]

Thanks for you clarifications. I have few more queries.
Can company B apply amendment petition for change of status now? How long will it take to get approved? As soon as it is approved can company C file a H1-B transfer petition on my behalf or do they need to wait till 10/1?

Thanks !!

 

[ImmigAttyLana]

Yes, if you are now in L-1 status in the US, then a change of status petition can be filed now. Then once you get that approval notice, company C can file its petition on your behalf and does not need to wait until 10/1.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

 

[hshindey]

Approximately how long will it take to get the approval notice for change of status and H1B transfer?

Thanks !!

 

[ImmigAttyLana]

It can take several months for regular processing and if you choose premium processing, you can get a decision within 15 days for an additional $1000 filing fee.