L1 to H1B without Cos

I am currently on L1B with company-A with a petition/I-94 valid for 2 years. My H1-B petition for FY2017 has been approved with company-B which was filed as consular processing (without CoS). Company-B wants me to join them by Apr2017.

My questions are;

  1. Can company-A apply for cap-exempt H1-B with CoS for transfer from L1B to H1 without me going for H1B stamping?

  2. As I am not in a position to travel outside US, can company-B again apply for H1-B to change from consular processing to CoS to start working with them from a specified date?

  3. If company-C is offering a job, can they use this approved petition to file a new cap-exempt CoS H1-B petition?


  1. This would put you in tricky situation. As you would you be answerable to your current employer, why you chose to go to another employer. This may bring questions as to , were you seeking to move out from your current job. They can apply CoS

  2. Yes, they can apply for CoS.

  3. Yes, but you need to have the receipt number of the approved petition.