H1 Transfer

Let me elaborate my situation first :

I came to the US on L1B in 2006 employed by a Co -D (current employer)

In 2008 Co - K (sponsor) filed an H1B petition and it was approved that has a validity start date of Oct-2008.

However, due to the present work with current employer and since there were no prospective job in the market, I continued working for my current employer on L1. My L1 is valid till Sep-2010. That goes with the fact that I don't have H1B stamped on my passport yet.

Now Co-I ( new Co ) is willing to offer me a job. They are also willing to transfer my H1B that was approved in 2008.

I am legally working in the US since 2006 and have current pay stubs and W2, but they are from my current employer. ( and these are when I am working under L1B)


Questions :

Is it possible to transfer H1B, that was approved last year ( and is still valid ) to the new Co without ever joining the Co-K (sponsor).

How was the H1B approved? If it was a change of status with a new I-94, yet you've continued to work under your former L1B instead of under the new H1B, you would be in H1B status and in violation of that status.

Assuming that's not the case - the new employer applied for an H1B but you never changed your status - you can't "transfer" the H1B because you're not in H1B status. (But that's still better than the first scenario, where you're in violation of your status.) From what you've said, under this scenario your new prospective employer would apply for a new H1B.