L1 to H1 on COS, when can I resign

[DamienMartin]

Hi All,

I am working for a company A on L1B, now company B is willing to sponsor H1B for me with COS and they have also applied for LCA . Once LCA is approved, they would file for H1B in premium processing.Now, my question is when can I put the notice to my current employer? Since I really dont know exactly when my H1B would get approved, I cannot give a fixed date of resignation to my current employer. Assume that I give notice for Oct'01, but if my H1B approval gets delayed, then I would be out of status, isint it?

Can you please suggest me what would be the best thing to do in this situation

[itstulasi]

I am also in the same situation. Can anyone answer this question please.

[Transformer]

Always it is safer to wait until H1 is approved before resigning.

[Attorney_23]

Ordinarily, when a petition is filed to change an alien's status from L-1 to H1B, the alien remains in a period of authorized stay until the petition is adjudicated. During this period, the alien generally may remain in the U.S. but is not permitted to work.

That being said, you may have several options to avoid any problems and/or periods where you would be unable to work. For example, you can file the case using Premium Processing. Or, the H1B petitioner can indicate a later start date. Or, if your current employer is flexible, you may be able to simply remain working for them until the H1B petition is adjudicated.

I would recommend contacting an experienced immigration attorney who can review your documents and discuss your various options in greater detail.