L1B to H1B 2015

[elixir86]

Hello,

I am currently working on L1-B Visa (expired) with i-94 validity till Mid 2016.

I got selected in Lottery for H1-B 2015. It went to RFE and my new Employer has filed response to RFE. The H1-B petition status is "Request for Evidence Response Review".

Please help me with below,

1) Assuming my H1-B petition gets approved in October, How many days do I have to accept H1-B Visa? (i.e. move from L1-B to H1-B)

2) After H1-B approval is it legal to stay on L1-B, before I accept H1-B?

3) What is the COS Date, Start Date and Effective Date?

4) My New Employer has not given me any Documents for H1-B so far. Should I request him to send copy of Documents before approval?

 

[jairichi]

1. If approved in Oct as COS then you have to stop working for L1 employer from next day.

2. No. You have 60 days to report to H1B employer. You have to stop working for L1 employer immediately.

3. Immediate if approved in Oct.

4. It is employer's choice to give you documents or not.

[elixir86]

1. If approved in Oct as COS then you have to stop working for L1 employer from next day.

2. No. You have 60 days to report to H1B employer. You have to stop working for L1 employer immediately.

3. Immediate if approved in Oct.

4. It is employer's choice to give you documents or not.

 

Hi,

 

Thanks for your responses. 

 

2) After H1-B approval is it legal to stay on L1-B, before I accept H1-B?

2. No. You have 60 days to report to H1B employer. You have to stop working for L1 employer immediately.

 

I am not sure of the H1-B outcome at this moment. So i cannot give notice period to L1-B employer now.

If say the H1-B approval comes on the 20th October, I would still need to give some notice period (15-30 days) to L1-B employer then.

That would mean that even though H1-B is approved i would work for few days on L1-B. 

Because if I decide to stop working the next day I get H1-B approval, I would be in the Asconded list of my L1-B employer.

 

Also If I am in the absconed list, my L1-B employer would not give me Experience Letter and would affect my GC processing.

 

What is the best possible way out?

 

Also during the 60 Days (H1B approval and reporting to New employer) period, can i stay un-employed in US?

I dont wish to be un-employed even one day but just want to make sure what will its impact on GC Processing.

 

 

Thanks for all your help!

[jairichi]

Hi,

 

Thanks for your responses. 

 

2) After H1-B approval is it legal to stay on L1-B, before I accept H1-B?

2. No. You have 60 days to report to H1B employer. You have to stop working for L1 employer immediately.

 

I am not sure of the H1-B outcome at this moment. So i cannot give notice period to L1-B employer now.

If say the H1-B approval comes on the 20th October, I would still need to give some notice period (15-30 days) to L1-B employer then.

That would mean that even though H1-B is approved i would work for few days on L1-B. 

Because if I decide to stop working the next day I get H1-B approval, I would be in the Asconded list of my L1-B employer.

 

Also If I am in the absconed list, my L1-B employer would not give me Experience Letter and would affect my GC processing.

 

What is the best possible way out?

 

Also during the 60 Days (H1B approval and reporting to New employer) period, can i stay un-employed in US?

I dont wish to be un-employed even one day but just want to make sure what will its impact on GC Processing.

 

 

Thanks for all your help!

If that is the case then once H1B petition gets approved as COS in Oct to serve notice period with L1B employer exit and enter US with a valid L1B visa and I797 and fulfil your contractual obligations. Later to join H1B employer exit and enter with a valid H1B visa and I797.

Yes, you can stay unemployed and unpaid as long as you do not report to H1B employer. Absolutely no working for L1B employer if H1B is approved as COS.

[elixir86]

"If that is the case then once H1B petition gets approved as COS in Oct to serve notice period with L1B employer exit and enter US with a valid L1B visa and I797 and fulfil your contractual obligations. Later to join H1B employer exit and enter with a valid H1B visa and I797.

Yes, you can stay unemployed and unpaid as long as you do not report to H1B employer. Absolutely no working for L1B employer if H1B is approved as COS."

 

Sir - My L1B Visa is expired. I am staying here on I-94 validity. I would not be able to return back on L1B visa.

[jairichi]

 

"If that is the case then once H1B petition gets approved as COS in Oct to serve notice period with L1B employer exit and enter US with a valid L1B visa and I797 and fulfil your contractual obligations. Later to join H1B employer exit and enter with a valid H1B visa and I797.

Yes, you can stay unemployed and unpaid as long as you do not report to H1B employer. Absolutely no working for L1B employer if H1B is approved as COS."

 

Sir - My L1B Visa is expired. I am staying here on I-94 validity. I would not be able to return back on L1B visa.

 

You have to stop working for L1B employer from Oct 1st or immediately on approval of H1B petition (if approval happens after Oct 1st). If you continue working for L1B employer it will be considered as unauthorized employment. Another option is to upgrade H1B petition to PP. Once you get approval you can issue your notice period to L1B employer.