L1 to H1 and change of company

USA L1, L2 Visa
1

Hi,

I am working on L1 from Company-A and I would like to get H1B sponsored this year from Company-B. I have few queries for which I could not get answers from various channels, appreciate if anyone of you know legitimate answers and help me out of confusions

  1. Is it mandatory for Company-B to file COS along with fresh H1B for me?

    a) if yes, and if I would like to continue on L1 for Company-A for some more time (after Oct 2017)what should I do?

b) if no, what I should I do if I want to work for Company-B when I am ready to switch from Company-A to Company-B?

  1. While working for Company-A on L1 even after Oct 2017 and if H1B is petition is approved for Company-B, Is it valid to work for Company-C, if it wants to transfer the Company-B’s H1 to Company-C without working for Company-B post Oct/Nov 2017 period?

3)Is there any risk involved? please advise

Thanks

2

Answers:

  1. Not necessary to apply COS, but easy and chances of RFE or less with COS.

  2. If it is COS you cannot work for company A, but if it is without COS you can work for company A, and you can also move to company C with just approved company B H1. However, company B may not release your documentation and also chances of approval for company C are very low, unless company C is really big company and has great documentation.

  3. Above points should explain the risk.

3

Thanks Ram for quick and detailed reply. I have further queries regarding company C’s transfer. Company-C is just going to transfer valid H1B for me which I hold from Company-B post Nov/Dec 2017(). What kind of approvals it should under go for H1 transfer from Company-B. Please explain

4

Company C should provide evidence that they have the job or a direct contract with the company where they are going to place you, nothing else. Mark my answer up if you like it. It will help me.