Change employer without working for H1B sponsoring employer? L1 to H1B

USA H1B Visa
1

Situation:

I am currently in US on L1B from Employer A (petition and I-94) valid till Feb 2021 and would have another 2 years to max out (Feb 2023).

My current employer is not supporting to file H1B, so I want to apply for H1B consular processing through another employer B this year, so that I can initiate PERM/I140 and secure an early priority date.

I understand that with consular processing approval, USCIS would give me I797-B (without I-94), which means I can continue to work for Employer B, till I re-enter US with H1B visa stamped on passport.

Assuming my H1B would be picked & approved in 2020 with 2-3 years validity, I have below few queries:

Questions:

  1. Can my H1B (if approved for Employer B) be transferred to Employer A, while I continue to work for Employer A?

  2. How long can I wait (and continue working for Employer A on L1B), before going for H1B stamping and start working for Employer B (assuming Employer B would not revoke my H1B anytime soon).

  3. Can I change employer i.e., work for Employer C immediately after I get H1B stamping done?

  4. Suppose my current employer A initiates GC process based on L1B, would there be any challenges in PERM/I140 approval, if my current L1B petition is expired and under extension.

Thanks for your feedback.

2
  1. Yes
  2. No need to wait. It is all up to you. Employer B cannot revoke, they can only withdraw petition.
  3. You may, but you need h1B approval for them too.
  4. The PERM process is for a position and it does not matter. Talk to an attorney on this one to be sure.
3

Thanks for your response.

Let’s say H1B is approved under consular processing for 2-3 years validity and presuming employer B does not withdraw the petition ever.

  1. I want to understand, how many months/years can I continue working for Employer A on L1B, before I get a chance to go out of US and re-enter with H1B stamped on passport to activate H1B?

  2. Do I need to activate H1B visa by re-entering US with H1B visa stamped on passport, before another employer could file cap exempt H1B petition (COS) for me?

4

There is no limit as such. What they will do is look at your overall stay in US. The max out period to stay in US is 6 years for H1B and 5 years for L1…So, you need I-140 approval before that to get extensions.

You can file for COS as well, talk to your attorney.