New H1 & H4 related question & H1 transfer .

Dear Sir,

Can you please provide me your valuable suggestions on my following immigration related doubts ?



Background :


I am working with employer A on L1B visa. My L1B visa & I-94 , both has been expired on 31st Aug 2012. My employer A has submitted application to USCIS for my L1B extension on 29th Aug 2012 and it is under process now.


The another employer B also applied for my H1B (change of status) on 1st June 2012 under H1B cap quota. This H1B application is also under process.


I am still working with employer A who hold my L1B visa.


Questions :

1) My H1 COS status is still "Intial Review". Whenever it will turn into Approved state, How will I come to know that it has been approved ? i.e. Is USCIS will send me any document or my employer will send me any doucment ? If yes, what are the names of those documents ?


2) In how many days, I'll receive these docs either from USCIS or my employer?


3) My employer only applied for my H1 visa. He told me that he will apply H4 visa for my family when my H1 has been approved. Is this a right way ?

If yes, then in this case, Lets assume that my H1 approved today and as it is H1 COS, so my L1 has been expired immediately. and accordingly my wife's L2 will become invaild. Then tomorrow I'll apply for her H4 visa. Is this OK? If yes, then can she stay in US during her H4 visa application process ?



4) Within how many days, Can I transfer my H1 visa from one employer to another ? Can I transfer it immediatly to another employer once it has been approved ? Or is there any time limit to stay with first employer ?



Thank You.


With Regards,

  1. You can sign-up for the alerts online on USCIS website by entering your receipt number. This will let you know when the status changes. USCIS will then send the hard-copy to your employer who can then share it w/ you. USCIS doesn’t send any hard copy to you directly.

  2. Once it is approved, employer should receive it within 30 days. They can then send it to you at their own pace

  3. The better thing would have been to apply for COS for everyone. If your H-1 gets approved w/ COS, you will no longer be on L-1 and your dependents will no longer be on L-2. Their COS needs to be filed immediately or else USCIS can deny their COS based on gap when they would be out of status

  4. The earliest you can transfer is just after H-1 petition approval. There is no minimum time one needs to spend w/ old employer prior to transfer