H1b Transfer while on L1 Status

USA H1B Visa
1

Hi Saurabh,

I applied H1B visa (L1 to H1 COS) last year through consultant and got approval on 10th Jan 2013 with I94. But I travelled to India on 11th Jan and returned back on 2nd Feb on my L1 visa for which I got I94 valid till 2015. Hence my current status is L1 as I enterd on L1 visa.

No I want to transfer my H1b to my current L1 employer and my H1b consultant is fine with it. But the immigration guy of my L1 employer says this H1b is cannot be transferred since I dont have pay slip on this H1b. Is it true that since I dont have any payslip of H1b, its not transferable?

Thanks.

2

The lawyer is wrong. Payslips are required only if you ever on H-1 status. As you left the very next day after H-1 approval and returned on L-1, you were really not in H-1 status.

So the current employer can file a cap-exempt petition along w/ COS from L-1 to H-1. L-1 payslips are required and not H-1.

3

Thanks for reply Saurabh.