Immigration Issues/L1 to H1


I would like to ask a follow up for the below:

Subject   L1B to H1B
Question   Hello,

I am working L1B for my current employer and have filed for a L1B to H1B transfer through a consultant. My questions

I have heard that it is mandatory to work for the consultant who files for the H1B for atleast for few months before you shift to any other job. Is it true? Does non-compliance to this cause any issues with Green card later on?



Answer   Hi Swaroop,

You will automatically be in H1B status on October 01 (if the H1B employer requested "change of status" when filing H1B petition). Therefore, you should start working for the H1B employer in October.

If you wish to change employers in the future (through Company B, for example), then you should submit about 2 months worth of recent pay stubs from Company A when Company B files an H1B petition for you requesting extension of your H1B status through Company B. The recent pay stubs show that you are currently maintaining H1B status through Company A.

Ajay K. Arora, Esq.

Follow up Question:
Is it possible to move to Company B directly without having worked for Company A at all which filed for H1B? Note that I will have recent payslips from by L1B company.


I wish you would just ask one of the experts so that others would have the chance to do the same.

To answer your question, you can directly move to Company A provided the H visa was not filed as a change of status from L to H. You also have the option of filing for an H immediately under premium processing with the start date Oct 1, 2008.

Ramasamy Krishnan

Immigration Issues

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Ramasamy Krishnan


Immigration particularly business immigration and National Interest Waivers.


I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan,

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