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  1. #1
    Join Date
    Oct 2009
    Posts
    2

    Default L1 - H1 Transfer

    Hi .. I am on L1 with my current employer. I applied H1B through a consultancy and my petition got approved. My current employer told me that they can transfer my approved H1B to them. Is it really possible to transfer H1B to my current employer, just by having the approved petition?

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

    Default Re: L1 -H1 Transfer

    If I understand, you have an L1 with Company A. You then applied for a position with Company B, and they successfully petitioned for an H1B visa. You now want to stay with Company A as a H1B worker, and not work for Company B at all.

    As you have not started working for Company B, Company A would petition for an H1B for you - it's not the type of 'transfer' that occurs when you're already in H1B status and working for your H1B employer. You've already been counted against the cap (I'm assuming that Company B isn't cap-exempt) so as long as Company A is qualified and obtains labor certification, there shouldn't be a problem.

  3. #3
    Join Date
    Oct 2009
    Posts
    2

    Default Re: L1 - H1 Transfer

    So in this case I dont need paystubs from the Employer B (who processed H1B) right.

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