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  1. #1
    Join Date
    Oct 2008
    Posts
    1

    Default H1B Portability Eligibility from an L1 Visa

    I am presently on L1 with company A and have applied for H1 through company B. I have got the H1B approval with COS effective from Oct 1st with Company B. FYI, I do not have a client to work yet with Company B. Meanwhile I have got another oppurtunity and decided to move with Company C. Company C has applied for new H1B (transfer) after 1st Oct and have the receipt number from USCIS. My Question is am I eligible to work with Company C (without working for a single with CompanyB) with this receipt? Am I considered to be H1B postability?

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

    Default Re: H1B Portability Eligibility from an L1 Visa

    You mean portability? You have no portability until you go into status on your H1B, and it sounds like you're saying that you still work for Company A. But Company C can petition for a new H1B for you and, assuming Company B isn't cap-exempt, you've already been counted against the cap.

    My concern, though, is that it's October 31 - are you sure you're still in status on your L1?

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