H1B Approved COS Abandoned - Got an offer now what can be done?


      I got my L1B (Company A)  to H1 B (Company B) approved but COS got abandoned because I had to travel out of US while  the transfer was pending. Got the I797C  back stating COS abandoned but H1B approved.


Now in this situation - I found an offer with a (Company C) large Indian IT firm who wants to transfer my H1b, not yet sure if they will accept me to be a contractor.


1.Could the transfer be done with I797C and Company C initiate the transfer?

2.I asked the consulting firm (Company B) to file COS in premium , but not sure if they have done it yet because they are not reachable - Can I only get the transfer done only when the premium COS is approved -?

3.I would prefer to join as a contractor and continue with Company B. Because Company C is large Indian firm and wont file Green card. What can I do in this situation? Please advice. Appreciate your response as always.

Firstly, you cannot work in H1 if your COS is not approved when you are currently in USA. Generally, if COS is not approved you have to leave the country after your L1 expires and get your H1 stamped to start working with Company B

1) You may file COS and H1 transfer together with Company C, Check with the  immigration lawyer to confirm teh same.

2) I dont think so, you can apply COS through company C too. Check with the Company C immigration lawyer if you wish.

3) I suggest, you may try to find employers offering full time positions and willing to do GC, till then you can continue to work as a contractor, if you wish to apply for GC sometime soon.