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img86 · Oct 7, 2009, 09:45 PM

Hi.. I am on L1 with my current employer. I applied H1B through a consultancy and my petition got approved. My current employer told me that they can transfer my approved H1B to them. Is it really possible to transfer H1B to my current employer, just by having the approved H1B petition?

DCcityboy · Oct 8, 2009, 08:00 AM

There is no "transfer" of the H-1B. They will petition for you directly, just as if they were to file for you initially. The difference is that since you've been counted in one FY allocation, you do not need to worry about the new FY allocation.

Consult with an experienced immigration attorney.

img86 · Oct 8, 2009, 09:35 AM

Hi thanks a lot for the prompt reply. But I am curious to know the chances of getting my petition approved from my current employer. I heard we should be in H1B status before apply for transfer and we should have minimum 3 paystubs from the employer who processed H1B.

So without having all these is there any chance to get my petition approved?

DCcityboy · Oct 8, 2009, 01:15 PM

Originally Posted by img86

Hi thanks a lot for the prompt reply. But I am curious to know the chances of getting my petition approved from my current employer. I heard we should be in H1B status before apply for transfer and we should have minimum 3 paystubs from the employer who processed H1B.

So without having all these is there any chance to get my petition approved?

Again, there is no transfer. Your current L-1B employer can file the H-1B directly. If the company and you qualify, your H will be approved. File now, while there are still FY 2010 H's.