Working on L1b, H1b in process, Switching job

USA H1B Visa
1

Hi Saurabh, I am currently working on L1B. My current emplyer has applied for H1b and my petition got selected in the lottery and it is under processing. I have few questions: Thanks a lot for your answers in advance.

  1. Can I travel to India before my H1b is approved and come back before 1st Oct 2013? I undestand only my COS will have to be redone. Pls clarify.

  2. Since I know my H1b receipt number, can I look for an another job and switch employer before my H1b gets approved? Or should I wait till my H1b is approved? I’m desperate in changing job as my current employer is paying very less.

  3. Can I switch my job anytime once my H1b is active, from 1st Oct? Some people say I have to work on H1 for 3 months minimum before switching job, is this true?

  4. My wife’s H4 is also filed along with my H1, Can she alone travel before my H1 approved or her H4 approved and come back before 1st Oct?

  5. L2 to H4: Is there any quota or time limitations? Can my wife’s H4 can be filed any time as long as I have a valid H1?

Please clarify my doubts asap.

2

Saurabh, please clarify my doubts. Thanks a lot in advance.

3
  1. Yes, only COS will be abandoned in this case

2.No, you cannot. You are eligible for cap-exempt petiiton only after the first petition has been approved. If you want to change employers, then delay it until the petition gets approved first.

  1. There is no minimum work period. You can change even on Oct 2. You will need payslips for the period you were on H-1. This means, if employer is changed on Oct 2, then no payslips are required (less than 1 pay period); if changed on Nov 1 then Oct payslips are required (1 pay period); if changed in Feb then Nov, Dec, Jan payslips are required (>3 pay periods).

  2. Avoid doing that. She should travel along w/ you or after you

  3. Yes, this can be done anytime. Note that your L-1 will become ineffective from Oct 1 if your H-1 COS goes into effect. If she is already in US on L-2, then her H-4 COS needs to be filed timely as L-2 will also become ineffective from the same date as your L-1.