COS (Change of Status) from L1B - H1B

[kkk605]

Hi ,

Recently, my status has changed from L1B ( employer A ) to H1B ( employer B ).

Is it possible I can give notice period of 3 to 4 months to Empoyer A before working for Employer B or else I have to work for Employer B immediate effect.

[wiweq]

You have to start working for your H1b employer from the date mentioned on I797. USCIS doesn't care notice and all. They want you to maintain your status once it's approved.

[PD19]

Through employer A, I’m on L1B visa and its expiring on 7-Sept-2012. Also my I-94 is expiring on 17-Sept-2012. I found an employer B who is ready to sponsor and file new H1B for me and herewith I am assuming that I will get H1B approved for me on or before Oct 1st …but not clear how it will work out smoothly so my questions are:

1)Can employer B file H1b with COS for me? If yes how will it work out as I will not have valid I-94 to stay in US till Oct 1st. Also I do not want to go out from USA for h1b stamping or new I-94 etc…

2) Employer A will be submitting request for my L1B extension and I’m happy as this gives time to stay at least till Oct 1st. Hence what is best here with my case –

a) Good time when employer A should submit a request for my L visa extension?

b) Shall I wait till I get L1B approval before submitting an amendment for COS to H1b? or

c) Shall apply for COS to H1b on Oct 1st instead of waiting for L1B extension [provided I have approved H1B for me].

d) How best or wisely the ‘last action of rules’ could be used in my scenario?

e) Also since my spouse has valid H1B status with valid I-94, how best or wisely this could be used in worse situation [..go to H4 etc] to get myself smoothly transferred into the H1B from L1B?

Pls advice.