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  • L1 to H1 COS and H1 tansfer

    Hi Ron,

    I was on L1 with employer A and filed for H1 with employer B in COS.I got it approved on 11/29/11.I didn't know that I have to start with the new employer immediately (i.e from 11/29.).So I continued working for some time and joined B on 12/19.Technically , I was out of status for 20 days or so .Now if I want to transfer H1 to A (after having necessary pay stubs) , do you think it can be issue.

    During H1 transfer , do I just check the current status or they check the previous period of stay as well.

    Thanks
    Harish

  • #2
    Re: L1 to H1 COS and H1 tansfer

    Actually, by regulation, you have up to 30 days to change to the new employer.
    Ron

    James Ronald Gotcher
    Global Immigration Partners
    4505 Las Virgenes Road, Suite 107
    Calabasas, CA 91302

    818-914-6482
    Inquiries@GotcherLaw.com

    Comment


    • #3
      Re: L1 to H1 COS and H1 tansfer

      Originally posted by Ron Gotcher View Post
      Actually, by regulation, you have up to 30 days to change to the new employer.
      all


      But was i illegally working for the old employer after the h1 got approved or can I work for 30 days with the old employer....

      Comment


      • #4
        Re: L1 to H1 COS and H1 tansfer

        In this situation, where you were authorized to work for the old employer, as long as their petition approval did not expire while you were working for them, the 30 day interval would be treated as lawful employment and lawful status.
        Ron

        James Ronald Gotcher
        Global Immigration Partners
        4505 Las Virgenes Road, Suite 107
        Calabasas, CA 91302

        818-914-6482
        Inquiries@GotcherLaw.com

        Comment


        • #5
          Re: L1 to H1 COS and H1 tansfer

          Originally posted by Ron Gotcher View Post
          In this situation, where you were authorized to work for the old employer, as long as their petition approval did not expire while you were working for them, the 30 day interval would be treated as lawful employment and lawful status.
          Hi Ron,

          Just wanted to check the regular process of h1 transfer.What do they verify during H-1 transfer process? Technically , its a new petition .

          Do you think quitting an employer in 2 months and joining a different employer could be an issue in transfer

          Comment


          • #6
            Re: L1 to H1 COS and H1 tansfer

            When you terminate H1B employment, you go out of status almost immediately. Generally, the USCIS will give you a few days to get a new H petition on file, but definitely not two months.
            Ron

            James Ronald Gotcher
            Global Immigration Partners
            4505 Las Virgenes Road, Suite 107
            Calabasas, CA 91302

            818-914-6482
            Inquiries@GotcherLaw.com

            Comment


            • #7
              Re: L1 to H1 COS and H1 tansfer

              Originally posted by Ron Gotcher View Post
              When you terminate H1B employment, you go out of status almost immediately. Generally, the USCIS will give you a few days to get a new H petition on file, but definitely not two months.

              Sorry Ron..I think I confused you....I was working on L1 with employer A (I-94 till July 2012).I applied for COS to H1 thru employer B and got the approval notice on 11/28/2011.I worked till 12/16 with employer A and shifted to H1.

              Now employer A is willing to do the H1 transfer.To get this done my understanding is that i would have to work with employer B for 2 months to get the required amount of paystubs (2-3) and then my previous employer can initiate the transfer..

              I have 3 questions in this context :-

              1) I worked to 17 days with my L1 employer after the h1 approval.Can this cause an issue with the h1 transfer or do they just check whether I am maintaining the current status or not.

              2) Does switching employer with in 2 months cause an issue with the H1 transfer.

              3) When i go for stamping what should I answer for question "Whether have were unlawfully present or violated visa status in the past".

              Thanks
              Harish

              Comment


              • #8
                Re: L1 to H1 COS and H1 tansfer

                There is no minimum time that you must remain with an H1B employer. If you change employers shortly after going to work for a new employer, all you need to do is show that you have been in status with that employer for the time that you were authorized to work for them So, for example, if you started working for them in mid-December, but want to make a switch in early January, all you would need to do is show employment with them from mid-December until the time of the switch.
                Ron

                James Ronald Gotcher
                Global Immigration Partners
                4505 Las Virgenes Road, Suite 107
                Calabasas, CA 91302

                818-914-6482
                Inquiries@GotcherLaw.com

                Comment


                • #9
                  Re: L1 to H1 COS and H1 tansfer

                  Originally posted by Ron Gotcher View Post
                  There is no minimum time that you must remain with an H1B employer. If you change employers shortly after going to work for a new employer, all you need to do is show that you have been in status with that employer for the time that you were authorized to work for them So, for example, if you started working for them in mid-December, but want to make a switch in early January, all you would need to do is show employment with them from mid-December until the time of the switch.

                  Thanks Ron..But I think for the transfer process they need the last 2 paystubs atleast ..so i think that I might need to work for 1.5-2 months to get those necessary paystubs ?

                  Secondly as I asked above , do you think that me working for my L1 employer extra 17 days after the H1 approval notice can cause issues in the H1 transfer process? Do they check the status of previous employment or they just check my current H1 status during the transfer process

                  Comment


                  • #10
                    Re: L1 to H1 COS and H1 tansfer

                    Again, there is no magic number of paystubs required. If you only work for the company for two weeks, and they pay every two weeks, then you only need one paystub.
                    Ron

                    James Ronald Gotcher
                    Global Immigration Partners
                    4505 Las Virgenes Road, Suite 107
                    Calabasas, CA 91302

                    818-914-6482
                    Inquiries@GotcherLaw.com

                    Comment


                    • #11
                      Re: L1 to H1 COS and H1 tansfer

                      Hi Ron,

                      Any comments on my second question above ?

                      Comment


                      • #12
                        Re: L1 to H1 COS and H1 tansfer

                        You asked a number of questions. Which is the "second question"?
                        Ron

                        James Ronald Gotcher
                        Global Immigration Partners
                        4505 Las Virgenes Road, Suite 107
                        Calabasas, CA 91302

                        818-914-6482
                        Inquiries@GotcherLaw.com

                        Comment


                        • #13
                          Re: L1 to H1 COS and H1 tansfer

                          Originally posted by Ron Gotcher View Post
                          You asked a number of questions. Which is the "second question"?

                          I wanted to ask...Usually during H1 transfer does the USCIS checks whether I am maintaining my H1 status or not or can it check whether I have maintained my previous statuses or not...bcoz generally they ask for current company pay checks..

                          Comment


                          • #14
                            Re: L1 to H1 COS and H1 tansfer

                            They always make every effort to make sure that you have maintained status.
                            Ron

                            James Ronald Gotcher
                            Global Immigration Partners
                            4505 Las Virgenes Road, Suite 107
                            Calabasas, CA 91302

                            818-914-6482
                            Inquiries@GotcherLaw.com

                            Comment


                            • #15
                              Re: L1 to H1 COS and H1 tansfer

                              Hi Ron,

                              I have another question related to L1-A to H1-B transfer.I came to US in Jan 2008 on L1-A visa. My L1-A visa extension was denied in Jul10. I had to go back to India. I was in India for five months. I came back to US on new H1-B on 12/31/11. Will the total period of stay of six years will be counted from Dec11 or from Jan08 ?

                              Comment

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