H1B Transfer before it begins. While on L2 now and L1 left the country

Asked 12 months ago - Walton, KY

I am on L2 working for a company A. 6th Sep is my last date in company A. I have an offer from Company B. L1 departed the country a month before. Our L1 and L2 Visa got expired last year but we have a valid I-94 till end of 2014. As of now L1 is temporarily transferred to home country and she is coming back after a month. My H1B is approved under company A and the clock starts from This Oct. Can i do H1B transfer to company B with this situation?

Attorney answers (4)

  1. Alexander Joseph Segal

    Contributor Level 20

    7

    Lawyers agree

    Answered . Your situation is clearly ripe for a full fledged consultation with an experienced immigration attorney not a quick post on AVVO.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  2. Jeff L. Khurgel

    Pro

    Contributor Level 19

    4

    Lawyers agree

    Answered . An L-2's status is not tied to a particular employer, and an L-2 is generally permitted to remain in the U.S. while the L-1 travels. Assuming there are no other unknown facts not presented here, you should be OK to start on the H-1B October 1st.

    Jeff Khurgel
    Khurgel Immigration Law Firm
    (949) 509-6515
    www.khurgel.com
    info@khurgel.com

    Kindly note that this posting is offered for informational purposes only. It does not constitute an attorney-... more
  3. F. J. Capriotti III

    Contributor Level 20

    4

    Lawyers agree

    Answered . I don't want to scare you. But, there is a good chance that your L-2 is no longer valid ... quite a bit depends on how the L-1's employer did (or didn't) do payroll, etc.

    You had better talk to your employer's immigration lawyer IMMEDIATELY.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- franco@capriotti.com -- www.capriotti.com -- This blog posting... more
  4. John K Lassen

    Contributor Level 20

    2

    Lawyers agree

    Answered . Need to discuss in detail with an immigration lawyer

    www.BulgarianImmigrationlawyer.com

    www.Immigration-Lawyer-NJ.com

    John Lassen 1-877-252-4630

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