Immigration Issues/L1 Trnasfer

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Question
He came to USA on L1 on aug12 th and he was working for company A .
while he was in india he gave his papers to Company B to do H1B. and it approved on august01.with dates of 10-01-2004 to xxxxxxxx.
Now today he took a 15 days leave from company A and taking his chances
Questions:

1)Can he work for Company B directly now with out the H1b visa on his passport .. I am keeping in mind that he dont have i-94 came with the H1 as this is new H1
2)If he want to work to company B .. Does he need to go to india for H1B stamp?
3) what are the chaces of transfering his L1 b to H1b now with some other company "c".
4)CAn he work for company B now without H1 b stamping?
Your answers are highly appreciated ..


Answer
Q1)Can he work for Company B directly now with out the H1b visa on his passport .. I am keeping in mind that he dont have i-94 came with the H1 as this is new H1

A1)  If he does not have an I-94 indicating H-1B status, he cannot work for the H-1B employer.  The I-94 controls his status.

Q2)If he want to work to company B .. Does he need to go to india for H1B stamp??

A2)  The visa stamp is a travel document, it has nothing to do with current visa status.  The I-94 controls current status, not the visa stamp.

Q3) what are the chaces of transfering his L1 b to H1b now with some other company "c".

A3)  Depends on the situation.  A formal consultation would be required to say for sure.

Q4)CAn he work for company B now without H1 b stamping???

A4)  See above.  The visa stamp has nothing to do with status but he needs an I-94 indicating H-1B status to work for the H-1B employer.

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James D. Mills, Esq.

Expertise

I can answer questions regarding business and family immigration, deportation, removal, exclusion, the immigration consequences of crimes and structuring criminal cases to eliminate or mininize immigration consequences.

Experience

I have been a licensed immigration attorney and a member of the American Immigration Lawyer's association for more than five years.

Organizations
American Immigration Lawyer's Association.

Education/Credentials
Juris Doctorate, Rutgers School of Law- Camden, 1997

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