L1 to H1B COS - Start Date with new Employer


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Hi, 

 

1. I am currently on L1 B Visa sponsored by Employer A and have H1B approved in July 2014 with COS, sponsored by Employer B. Can I continue to work with employer A using L1 after Oct 1st 2014 and join Employer B sometime in December 2014?

 

2.If the answer for the above question is NO, what if I decide not to take up employment with Employer B, can I still continue with Employer A?

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1. No, you have to stop working for L1 employer from 1st Oct and you have 60 days to report to H1B employer.

2. You can. You will have to exit and enter US with a valid L1B visa and I797. Your employer B might sue you for damages for failing to join them if you have signed anything to that effect.

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jairichi,

 

For Qsn # 1, you said I have 60 days of reporting time.

 

3. Does that not mean I can work with Employer A for upto 60 days from Oct 1st?

 

4. What would be my status for those 60 days as I would lose L1 as of Oct 1st 2014 and may not have H1 status until I report, right?

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jairichi,

 

For Qsn # 1, you said I have 60 days of reporting time.

 

3. Does that not mean I can work with Employer A for upto 60 days from Oct 1st?

 

4. What would be my status for those 60 days as I would lose L1 as of Oct 1st 2014 and may not have H1 status until I report, right?

3. If H1B is approved as COS you have to stop working for L1 employer from Oct 1st.

4. You will be in valid status according to USCIS.

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I want to know what is the process for us to work with employer B with H1b after comtinuing in L1 for some months.

 

Experts please reply.

If approved as COS you have to stop working for L1 employer from Oct 1st and you will have 60 days to report to H1B employer. If you would like to keep working for L1 employer after Oct 1st you need to exit and enter US with a valid L1 visa and I797. When you are ready to move to H1B employer you will need to exit and enter US with a valid H1B visa and I797 provided H1B employer has not revoked your H1B petition.

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Jairichi,

 

Thank you for answers # 3 and 4. Just got to know that my H1 is in RFE status and not approved yet. There was some miscommunication earlier.  Based on this, I have couple of other questions.

 

5. Am I cap exempt for H1B as my case is already picked in the lottery, being sponsored by Employer B.

 

6.If yes, can Employer C file H1B with COS in the next couple of weeks with premium processing and once it is approved, I join Employer C on Oct 1st? Is this possible and legal?

 

Thanks!

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Thank you Jairichi!  Another question:

 

7.Regardless of the approval, if I decide not to take employment with Employer B, can I go back to my home country and continue working for Employer A on home country payroll?

 

Note: Though I am on L1 B in US with employer A, am still on home country payroll with expenses in US being reimbursed.

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  • 5 weeks later...

Hi,

 

Urgent Help!!!

 

Was on h4 and got my h1 approval in oct 2013 and was immediately on leave since oct1 for 3 months due to some personal reasons, later resigned my job and converted to h4 on jan 17th(dint work for even a single day and was also not payed which means no pay checks).

Does that really mean i was employed ?
Right now I need to go for h4 stamping.
So do I need to mention my earlier employee details in ds 160 form?
 
 
 
Oct 1st 2013 - Leave letter upto Jan 17th 2014
 
Jan 17th applied for Change of status and on H4.
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  • 2 weeks later...

Hi Jairichi, 

 

My H1B with COS is approved with a start date of Sep 9th 2014, instead of Oct1st 2014.  Does that mean my L1B is inactive as of Sep 9th 2014?

 

Thanks,

Sunil

If this is a cap subject H1B petition then it is impossible to have a start date of Sep 9th 2014. If it is a cap exempt H1B petition then the date you receive your approval stands. In that case you should imediately stop working for L1 employer.

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Hi,

 

Urgent Help!!!

 

Was on h4 and got my h1 approval in oct 2013 and was immediately on leave since oct1 for 3 months due to some personal reasons, later resigned my job and converted to h4 on jan 17th(dint work for even a single day and was also not payed which means no pay checks).

Does that really mean i was employed ?
Right now I need to go for h4 stamping.
So do I need to mention my earlier employee details in ds 160 form?
 
 
 
Oct 1st 2013 - Leave letter upto Jan 17th 2014
 
Jan 17th applied for Change of status and on H4.

 

There is nothing called being on leave and not paid on H1B when you are in US. You need to mention employer details in DS160.

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If this is a cap subject H1B petition then it is impossible to have a start date of Sep 9th 2014. If it is a cap exempt H1B petition then the date you receive your approval stands. In that case you should imediately stop working for L1 employer.

It is a cap subject H1B petition and the employer has requested for Oct 1st Start date, but the approved I-797A has come with a start date of Sep 9th 2014.  

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