L1 to H1 COS - and possible transfer


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I have been working in U.S. for past 4 years on L1-B sponsored through an Indian Company A. I got another offer from a consultancy B to sponsor H1B. Got a project and consultancy has started processing H1B in premium with COS from L1 to H1. Expecting approval in another 5-10 days. Meanwhile, I got a full time job offer from Company C and I am interested in it. Here are my questions:

(1) Once my Visa status changes from L1-H1 , is it legal to continue work with Company A to serve at least 1-2 weeks notice period . (Assuming I’m resigning on the same day of H1 approval)

(2) Is there any way, I can continue on L1 with company A even after my H1 approval (other than re-entering country on L1) for about a month till comany C sponsors my H1B. Because, I am interested in joining company C, not company B.

(3) Company C is going to take 3-5 weeks for background checks, and Visa processing if I accept the offer. My Visa status will change from L1 to H1 in another 5-10 days through company B sponsored H1. Do you suggest me joining company B, work for 1 month and resign from there (settling H1B processing fees) and join company C ?

(4) What is the best way I should move ahead here without any long term impacts (visa stamping or gc processing) .

Kindly suggest...

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A foreign national may not continue working for his L1 employer if he changes status to H1B based upon a petition filed by another company. If, however, the petition was filed for a later start date, then his/her status would not change until the date indicated.

In any case, you may be able to request Company B to withdraw the pending petition and simply remain in L-1 status until you receive a change of status via Company C's petition. However, it is difficult to tell whether this is feasible based on the limited information provided. Similarly, I am unable to tell you what your best options are regarding future green card plans based on this information. You should schedule a consult with an experienced immigration attorney who can review your situation and advise you on how best to proceed.

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