L1b to H1B COS

[preejususan]

I am on L1b currently and have a h1B with COS applied with PP. If the H1b with COS is approved I understand that I cannot work for the L1b employer from the H1b effective date. My question is

1. My attorney says that I have to stop working on L1 after the approval but I need not join the H1B employer exactly on the approval date. I have 30 days from the date of approval to join the H1b employer even tough I would be on H1B status at that time .

I am confused a little bit because I would not be earning for that period of 1 or 2 weeks after which i want to join H1B employer. I wanted a 1 or 2 weeks gap for relocation purposes

Please advise.

[JoeF]

Actually, if you are in the US, you have 60 days to report to work for the H1 employer.

20 CFR 655.731:

(i) For purposes of this paragraph ©(6), the H-1B nonimmigrant is considered to ``enter into employment'' when he/she first makes him/herself available for work or otherwise comes under the control of the employer, such as by waiting for an assignment, reporting for orientation or training, going to an interview or meeting with a customer, or studying for a licensing examination, and includes all activities thereafter. (ii) Even if the H-1B nonimmigrant has not yet ``entered into employment'' with the employer (as described in paragraph ©(6)(i) of this section),the employer that has had an LCA certified and an H-1B petition approved for the H-1B nonimmigrant shall pay the nonimmigrant the required wage beginning 30 days after the date the nonimmigrant first is admitted into the U.S. pursuant to the petition, or, if the nonimmigrant is present in the United States on the date of the approval of the petition, beginning 60 days after the date the nonimmigrant becomes eligible to work for the employer. For purposes of this latter requirement, the H-1B nonimmigrant is considered to be eligible to work for the employer upon the date of need set forth on the approved H-1B petition filed by the employer, or the date of adjustment of the nonimmigrant's status by DHS, whichever is later.

[pontevecchio]

Is there anything preventing you from asking him directly? You have 60 days to join the H1 sponsor if you are in the country and 30 days if you are coming from abroad.

[preejususan]

Thanks so much for the responses.

I can ask him directly but I do not want to offend him by asking teh same question again as if I am doubting him.

My attorney was sure I could join the H1B employer within 30 days but some forums strictly say no to this and say that I have to be on teh payroll from teh very first day if it is L1B to H1B .

So was confused.