H1 B Visa Transfer Options
Summary
You can continue working on your L1-B visa after H1-B approval, but once you start using the H1-B, you cannot switch back without a new petition. The H1-B can be transferred to a new employer with a new petition. If your H1-B is effective, you should start working under that status. U.S. Immigration law does not mandate working on an H1-B if there is lapse time in your L1-B, but maintaining legal status is crucial. Consult an immigration attorney for personalized advice.Full Conversation
Currently, I have been working with X employer for 2 years and 2 months, on an L1-B Visa in the USA but my employer hasn't applied for the H1-B because of the market slowdown. My H1-B was picked in the lottery by Y employer(consultancy) but they don't have a project/client on hand, the lottery was picked and I want to continue the process for my H1-B so that it gets approved. Question *:- Can I still continue my job on L1-B with my current employer X even after my H1-B is approved and valid from October * onwards and later use it for my current employer and have it transferred once the market is good. Question *: Can I use H1-B later with employer Y ( when I can find the client/project ) or a new employer Z can get it transferred once the market is good.
Based on general U.S. immigration rules:
*. You may continue working on your L1-B visa after your H1-B is approved. However, once you start using the H1-B, you cannot switch back to L1-B without a new petition.
*. The H1-B visa can be transferred to a new employer, given that they submit a new H1-B petition for you.
Please consult with an immigration attorney for detailed advice.
but Y employer says that you have to join them on * October, you don't have choice to continue on L1-B
As per U.S. immigration law, once your H1-B is effective, you should start working under that status. If you still wish to work on an L1-B, consult an immigration attorney before making any decisions. It's crucial to follow the law to avoid any immigration issues.
Does it mandatory to work on H1-B if I have lapse time in L1-B?
In general, U.S. immigration law does not require you to work on an H1-B visa if there is lapse time in your L1-B. However, maintaining legal status is essential. Consult an immigration attorney for advice specific to your situation.