Is this overstay ? Will it affect my H1B visa stamping


PUser

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Posted

Was Working with Company A on L1 visa from Mar 2012. L1 visa was valid till Jan 2015. 
Company B applied for H1B cos in April 2013 and got it approved. 
Even though H1B Cos was approved from 1-Oct-2013, I served my notice period in Company A until end of Nov 2013 and joined Company B on 1-Dec-2013. 
Since then I'm in Company B on H1B, I got my amendment approved for a client change in 2015 and I also got my H1B extension approved in 2016. 
Now I'm planning to go for Visa stamping and have few questions on that. 
1. I continued to work on L1 from 1-oct-2013 to 30-Nov-2013, Will these 60 days be considered out of status or overstay ? 
2. I have valid paystubs, W2 and client letter for the entire duration i was working with that said will there be any problems in visa stamping due to point #1 ?

Posted
4 hours ago, PUser said:

I checked with my Company attorney and they confirm that I was not out of status during that period. 

Then that lawyer is wrong.

You were in H1 status from Oct. 1, 2013 on. While you had up to 60 days to report to work for the H1 employer, you were not allowed to work for the L1 employer from Oct. 1, 2013 on. Since you did work for the L1 employer after Oct.1, you were working illegally, which means you were out of status.

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