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  1. #1
    Join Date
    Jun 2012
    Location
    Bangalore, India, India
    Posts
    1

    Default H1b Transfer While Petition is Pending

    I have a new h1b petition filed by an employer A, It is still pending for approval. My current employer B also wants me to work for them in US. As the quota is finished employer B wants to file an L1 for me. At what stage I can transfer my employer A h1b to employer B.
    1. Can I transfer while petition pending and apply directly H1b with employer B instead of L1
    2. Or can I transfer after approval and before stamping
    3. Can i transfer after stamping?

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    64,895

    Default Re: H1b Transfer While Petition is Pending

    You cannot transfer a H1B visa if you are not yet in H1B status. But if a new employer is going to petition for you to get a H1B visa or L1 visa and, if you obtain it, you'll be entering under that visa, I'm not sure why "transfer" is a concern.

    Changing status from H1B to L1 is not a "transfer".

  3. #3
    Join Date
    Jul 2012
    Posts
    1

    Default Re: H1b Transfer While Petition is Pending

    Hi Srinivas,

    Did you find anything on this? Please update here so that I can also benefit.

  4. #4

    Default Re: H1b Transfer While Petition is Pending

    You need the H1B to be approved, before you can transfer (Assuming Employer A and B H1bs are new and you had no H1B before), you can transfer after approval and before stamping or after stamping.

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