H1B visa change to new employer

USA H1B Visa
1

Currently I am on L1B visa with employer A. Employer B has sponsered H1B visa for me in April 2012 and H1B visa is approved in May 2012 with COS effective from Oct 1st 2012.I left US in May 2012.

I came back to US in October 2012 on L1B visa.Currently I am on L1B visa.

Do I need to submit to Immegration regarding h1B visa since I am still on L1B visa even after october ?

Can I transfer my H1B visa to employer C with out working for Employer B (who has sponsered my H1B visa) for a single day? or Is there a minimum duration I have to work for Emploer B?

Please help.

2

As you entered US after Oct 1, you are currently on L-1 visa status. So the employer needs to file COS from L-1 to H-1 in order to start working on H-1.

It is also possible for C to file H-1 transfer along w/ COS for you. Once approved, you can start working for C. There is no requirement to work for B prior to this as you are currently on L-1 and not H-1.

3

Thank you Saurabh.

In my H1B petition it is mentioned as " the above petition and change of status is approved."

Is that mean COS is also approved along with petition?
Even in that case, can I transfer my H1B to employer C?

Please clarify.

4

It was approved to start from Oct 1. Had you entered US prior to Oct 1, you would have automatically made use of this approved COS and would have been on H-1 visa status from Oct 1.

However, you entered US after Oct 1, and so the approved COS didn’t apply to you. You are now on L-1 visa status, and COS needs to be filed from L-1 to H-1 in order to start working on H-1.