Currently on L2, Transfer to H1 and Change Employer

Asked 10 months ago - Milwaukee, WI

I am on L2 visa working for company A. I have an approved H1-B petition from company A.
I might get job from company B. I want to join company B on H1-B and not L2. Can Company B transfer approved H1 from company A even if my current status is L2 and that H1 has never been used.
If it is not possible, can i travel back to India to get H1 stamped for Company A, come to US, resign from company A and then transfer my H1 to company B. Is there any specific timeframe for which one has to be on H1 status with company A before it can be transferred to some other company.
Once I move to company B on H1, Is there a time frame for which I have to work with company B before I can go to India and get the H1 stamping done for company B and come back to US.

Many Thanks. Appreciate your responses.

Additional information

H1 was filed as consular process and I haven't gone for stamping since H1 was approved. So I am still on L2

Attorney answers (2)

  1. F. J. Capriotti III

    Contributor Level 20


    Lawyer agrees

    Answered . Although the city name has changed, this is nearly identical to a prior WI question.

    Talk to the new company's lawyer ... there's something confusing going on ... how can you be on L if the H was approved?

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more
  2. Gunda Johanna Brost


    Contributor Level 20

    Answered . Repost. Please have a personal consult with an immigration attorney now.

    This advice does not form an attorney-client relationship and is merely informative. It should not by itself be... more

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