L1B to H1B with COS - is there any grace period ?

[jagan164]

Hi,

Currently i am working on L1B visa in US through Company A.

Few days back got any offer from Company B. Company B HR informed me that they will apply a new H1B with COS (later) . I didn't understand that correctly when HR said "LATER".

They mentioned the start date as OCT-17^th in the offer letter. However I need to give at least 2 weeks’ notice period to Company A.

I am not in a position to give notice to Company A without H1B approval.

Now I am in a confusion..

I would like to know if there is any grace period in which I can give notice and work for company A after H1B gets approved for Company B.

Please help me with your valid suggestions....

Thanks in advance.

[Attorney_20]

You may continue to work for Company A pursuant to their L1B petition while the timely filed H1B case is pending and even when it is approved. But you must begin working for Company B as of the start date on the H1B approval notice or else you may fall out of nonimmigrant status. You may want to ask Company B to request a later start date on the H1B petition if you need more time with Company A.

You may want to consult an immigration attorney to make sure your transition between companies does not result in inadvertent loss of nonimmigrant status.