L1 to H1 transfer grace period

[bavina]

Hi,

 

I am currently on L1 visa in US from company A and I have a H1B approved unused petition. 

I got a job offer from company B and ready for processing h1 transfer in premium processing on date 8/11/15. 

I would like to know once it is approved(assuming there is no RFE and approval would take 15 days i.e. 8/25/15). 

Can i join company B sometime in 14th of Sept as i need to serve 15 days notice period with company A. is there any grace period? 

Will there be any complication in future visa or extension or GC?

 

Thanks,

Anb

[jairichi]

If COS is approved you have to stop working for L1 employer immediately.

[binny.gen]

Hi,

I have a follow up question based on the response above.

In my case I am currently working for Company A on L1 and have an H1b application (with COS), by Company B, in process (regular processing and not premium). As I still have not heard a decision from USCIS on my H1b application (though I did get a receipt notice back in April), let’s say USCIS provides an approval after Oct 1st, say Oct 21st, then as I understand, the change of status from L1 to H1 will be effective immediately and I need to stop working for Company A.

1. Do the rules mandate that I must resign on Oct 22nd and consequently give no notice period to Company A? Can I even go to office to submit my papers on Oct 22nd? I am concerned as this way I would be burning a bridge and not be very professional but don’t want to violate any rules.

2. In case I wish to continue with Company A on L1 (circumstances are changing now compared to when I accepted the offer with Company B), I understand that I may exit US and re-enter on L1 to retain my L1 status.

 a) Would it be a problem if I took paid time off on Oct 22-23 and use the time off to exit and re-enter US? My salary slip for the pay period would show the paid time off and hours (but not the dates).

 b) What documents would I need to carry as I exit and re-enter US? Would I even need to share/show H1 approval with the immigration officer at the port of entry?

 c) Does the re-entry ensure that I stay H1b cap exempt or does Company B has a way of revoking it?

Thanks in advance for your advice!

 

Thanks,

Binny

[jairichi]

1

 

Hi,

 

I have a follow up question based on the response above.

 

In my case I am currently working for Company A on L1 and have an H1b application (with COS), by Company B, in process (regular processing and not premium). As I still have not heard a decision from USCIS on my H1b application (though I did get a receipt notice back in April), let’s say USCIS provides an approval after Oct 1st, say Oct 21st, then as I understand, the change of status from L1 to H1 will be effective immediately and I need to stop working for Company A.

 

1. Do the rules mandate that I must resign on Oct 22nd and consequently give no notice period to Company A? Can I even go to office to submit my papers on Oct 22nd? I am concerned as this way I would be burning a bridge and not be very professional but don’t want to violate any rules.

 

2. In case I wish to continue with Company A on L1 (circumstances are changing now compared to when I accepted the offer with Company B), I understand that I may exit US and re-enter on L1 to retain my L1 status.

 

 a) Would it be a problem if I took paid time off on Oct 22-23 and use the time off to exit and re-enter US? My salary slip for the pay period would show the paid time off and hours (but not the dates).

 

 b) What documents would I need to carry as I exit and re-enter US? Would I even need to share/show H1 approval with the immigration officer at the port of entry?

 

 c) Does the re-entry ensure that I stay H1b cap exempt or does Company B has a way of revoking it?

 

 

Thanks in advance for your advice!

 

 

Thanks,

 

Binny

1. That is between you and your L1 employer. For USCIS you cannot work for L1 employer immediately after COS to H1B approval.

2. 

a. That is fine.

b. If you want to enter on L1 then vlid L1 visa, I797, employment verification letter, pay stubs, etc.

c. Company B will revoke it if you do not join them.