I am in L1A but my company applied for H1B through counsellor processing after picked up in Lottery. Can I change company in US with the approved H1B (I 797) ?
Yes, the new employer may file a change of employer petition once your H1B is stamped and you start working for the employer who sponsored your H1B.
However I am very interested to know why your employer is not filing your green card under EB1C as you are on L1A. EB1C is current right now and I-140 & I-485 concurrently.
Thanks Kalpesh for the inputs. H1B filled by the current employer and I am in US with the current Employer on L1A. With this situation, 1 797 approved (not Visa stamped), you mean I change job with out Visa Stamped ?
Also, can you please explain the statement “start working for the employer who sponsored your H1B”
Green Card through L1A surely possible but they are not processing for me at the moment…
Unless you go for H1B stamping and come back on H1B, your status is L1A. If you want to change employer without leaving the US, the new employer can file a cap-exempt H1B petition (instead of change of employer aka transfer petition) along with change of status application from L1A to H1B.
H1B transfer petition only applies if you are already working for an employer in H1B status in the US.
As explained earlier, your H1B with current employer will not get activated unless you go for consular processing, get H1B visa and come back to the US on H1B status. At this point you are still in L1A status until you do the above.
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Thank you Kalpesh for the details. This helps.