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  1. #1
    Join Date
    Aug 2017
    Posts
    1

    Default How Does a L1 to H1 Transfer Work

    Hi,

    I am currently in the US on L1 working for company A since 2 years.
    3 years ago I also got a H1B stamped on my passport for company B, but never used.

    If I want to switch jobs, what is the process.
    1. The date on my visa for the h1 expiry is sep this year. Will that cause any issues.

    2. Do I need to check with company B to apply for an out of cap or any employer can do that?

    3. How long will this process take.

    Appreciate your expert advice
    Thanks and regards
    Ram

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: L1 to H1 Transfer

    If you find an employer who is willing to sponsor you for a H1B visa, then your employer will apply for the visa. The process for change of status is pretty straightforward, as long as you're in valid L1 status, but the question of whether or not you've been counted against the cap would affect your start date.

    As your H1B visa was stamped, as long as your employer did not contact the USCIS such that your visa was revoked, unless your H1B sponsor was cap-exempt you would have been counted against the cap at that time.

    The process for H1B approval generally takes between two to six months, generally around four months; but with premium processing can potentially be completed within 15 calendar days from the date the USCIS receives a form I-907.

  3. #3
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: L1 to H1 Transfer

    I would suspect the previously issued H1B visa is NOT valid. He only had 60 days to enter into employment after the visa was issued (possibly only 30). H1B employers can't bank unpaid, visa-approved workers waiting for something to do with them.

  4. #4
    Join Date
    Feb 2008
    Posts
    1,179

    Default Re: L1 to H1 Transfer

    agree with flyingron -- the H1B visa, to my understanding, is only good for a specific employer. To move to another employer, the person would need a brand new H1B.

  5. #5
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: L1 to H1 Transfer

    If he had gone to work for employer B, then he could apply for a new H1B visa (there really isn't a transfer). However, you can skip a few steps (notably the worrying about the cap) on a subsequent application.

    However, since he essentially had an H1B that went unused, I'm pretty sure the fact he ever had an H1B is immaterial to the entire situation.

    If he wants to convert from an L1 to an H1B, he and his new employer need to apply from scratch.

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