Is my H1 Transfer Possible - Need help.... Please advise...

Hi,

I came to US 2 years back (L1 Visa) and my visa got expired July 2013. Before it expired I applied for L1 extension, which is still in process.

I also processed new H1 in April 2013, which is selected in lottery and finally approved 9 days back.

Little Background:

– My L1b Visa got expired in July 2013, since L1 extension is in process, I continued staying till now, I got RFE and I have time till November 14 2013, so, we didn’t replied to RFE till now.

– H1 visa which we applied in April 2013, got approved on Oct 09, but “H1 approval is cabled to Hyderabad India for stamping”, My employer told me that, since h1 approval is cabled to Hyderabad, I need to go and get stamping and re-enter US to start working on US with this approved h1. (Reason might be because, my I-94 was already expired in mid of July).

– My new employer (who applied h1b) is now trying to find a job to get the client letter before I go to India for stamping. Also, they are asking me to continue with my current employer till I get a job.

Now my Problem…

– Since my h1 is already approved, my L1b visa is no more valid correct? (NOTE: We didn’t withdraw L1 extension petition, it is still in process)

– How long I can continue with my old employer, it’s already 9 days passed after h1 approval, I am confused and still working with old employer. ;(

– Am I in out of status? (Since my h1 is approved, but I am not working with h1)

– Can any other employer (or my old employer) transfer my H1 visa now? (Note, my h1 approval is cabled to hyderabad counsulate for stamping and I didn’t started working with the employer who filed my h1)

contact lawyer in such a complicated case:

but to give you brief idea.

Since my h1 is already approved, my L1b visa is no more valid correct? (NOTE: We didn’t withdraw L1 extension petition, it is still in process)

If your H1 was without COS then you are still on L1 . l1 is valid since you have applied extension

– How long I can continue with my old employer, it’s already 9 days passed after h1 approval, I am confused and still working with old employer. ;(

I think if H1 was
– Am I in out of status? (Since my h1 is approved, but I am not working with h1)

I do not think so. AS long as your H1 was not COS

– Can any other employer (or my old employer) transfer my H1 visa now? (Note, my h1 approval is cabled to hyderabad counsulate for stamping and I didn’t started working with the employer who filed my h1)

You can apply cap exempt H1b transfe with COS. If COS got denied I am not sure what your status will be.

There is also LAST ACTION RULE check that