Why L1 Visa copies are required to apply fresh H1b petition?

Hi Experts,

I am working for ABC employer in US under L1. I am filing my H1 through other consultancy DEF. Why do they ask L1 copies since I am not going to join with them? I require just VISA from this consulatancy so that i do transfer to other company? Please let me know they can do anything with VISA copies?

So your intention is to file through DEF, not join them at all and move to another employer XYZ. What is DEF getting from this arrangement?

In any case, they need this information to show that you are currently maintaining status. They would need your I-94, copy of I-129 (if possible) and L-1 visa stamp. DEF is doing their due diligence to ensure they have all bases covered. Some of these are not required documents, but good to have.

DEF is going to take some agreed money for transfer to XYZ. Is that fine?

Will it create any issue?

Well you and DEF are going to break quite a few H-1 rules if you are paying for H-1 fees to DEF, and they take additional money from you for letting you go to XYZ.

It the H-1 is just a “business arrangement” b/w you and DEF, then its better you ask them what documents they really need and why.

Thanks Saurabh. My worry is does he can do anything with my L1 docs? I am afraid that he should not push me to join in his company. Can he do?

If he files your H-1 w/ COS, then your status will change to H-1 from Oct 1 and you have to work for them.

Having L-1 documents doesn’t enforce you to join them, but they may contact your employer if things don’t turn out the way they planned.

  1. If i don’t go for his pay roll, is status change will happen?
  2. What are the possible things if they con do after contacting current employer?
  1. If COS is filed and approved, it will happen irrespective of whether you go on his payroll or not. One way to invalidate the COS is to leave US while H-1 is still pending and then return on your L-1 visa. This will cause new I-94 to be issued and would invalidate any COS that was filed.

  2. They can just make your employer aware about your H-1 petition. It is then up to your current employer as how to react to it. Some employers don’t like you to shop around other visas when you are working for them in US. They can also ask for any liquidated damages if they made you sign a contract.

Thanks Saurabh for your reply.
When I discussed with the agency, they told that there are two options while filing H1B. 1. With Status Change 2.Without status change (Stamping @ India)
When we go with stamping, then there wont be a status change. Is it true? If yes How to ensure that agency goes with this option?

Actually I require this H1 as a back up plan. Currently under L1 and my company is planning to file my GC. My L1 Expires by May 2017.
If my I140 is not approved before May 2017, then to stay inside US, I require this. Also as you know keeping one H1 is safe in many perspective like change of the company at any time if something breaks.
Does this H1 will affect my GC in case if i go far?

They will have to mark that option in I-129 form. When they complete the form, you can review it (if they allow) to ensure what has been filed.

H-1 approval will not impact your GC process w/ your current employer. They can happen independent of each other. Just ensure you maintain legal status.

Thanks Saurabh. The last question:
In case if they apply COS, and my petition approved, to invalidate the COS, you mentioned that i need to go and come back to get fresh I94 based on L1. When should I do ?

  1. Before approval and the status is pending
    2.Before October 1 in case if approved

To invalidate COS, you can do either of the following:

  1. Travel outside US while petition is pending.
  2. Travel outside US after petition is approved and return after Oct 1. For example, leave on Sep 20 and return on Oct 2. If you return prior to Oct 1, COS will still go into effect

Thanks Saurabh for your extended help and information’s. So Change of status will happen only from October 1 even though petition approved before October 1. Please correct me if i am wrong.

That is correct. It won’t happen prior to Oct 1