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Old 12-09-2011, 12:35 AM
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Default need help on employment change after L1 to H1 COS

Hi All, This seems to be a unique situation, any advice will be helpful.
I came to US in April/2007 on L1b visa, worked initial 3 years on L1B,
My employer filed L1B extension in 2009, I got L1B extension up to FEB/2012.
Employer also filed I-140 (EB2) that got messed up due to Indian 3 year bachelor. I-140 is in appeal with AAO from june 2010, I am sure this will not more further and this is FYI because my real question is next.
Employer filed Change of status to H1B in 2010 with effect from 1st Oct 2011, and my employer and HR requested 1 year extension based on approved labor, i.e. 1 year extension post 6 year rule (note* technically based on my stay in USA I am still in my 5th year of total L1B+H1B), Can I change employer will there be any problem with H1B transfer?
I am ready to give up the approved Labor and Appeal, just wanted to change the employer based on my H1B approval in hand.

Kindly advice..
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  #2 (permalink)  
Old 12-09-2011, 11:35 AM
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Originally Posted by worklike View Post
Hi All, This seems to be a unique situation, any advice will be helpful.
I came to US in April/2007 on L1b visa, worked initial 3 years on L1B,
My employer filed L1B extension in 2009, I got L1B extension up to FEB/2012.
Employer also filed I-140 (EB2) that got messed up due to Indian 3 year bachelor. I-140 is in appeal with AAO from june 2010, I am sure this will not more further and this is FYI because my real question is next.
Employer filed Change of status to H1B in 2010 with effect from 1st Oct 2011, and my employer and HR requested 1 year extension based on approved labor, i.e. 1 year extension post 6 year rule (note* technically based on my stay in USA I am still in my 5th year of total L1B+H1B), Can I change employer will there be any problem with H1B transfer?
I am ready to give up the approved Labor and Appeal, just wanted to change the employer based on my H1B approval in hand.

Kindly advice..
Since you are still within the six year limit, you shouldn’t have any problem for H1 transfer (technically)...but lot of other factors coming into picture based on with whom you want to do the transfer.
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