Notice period and H1B approval status

[blueie]

I am working in Company-A in L1.

I have been recruited by a consultant company Company-B and they are processing my H1-B with COS. Currently, My application is in Initial Review. Filed in normal processing mode and their are not ready for PP.

I have to give minimum 2 weeks notice before leaving Company-A. But still my application is in Initial review , and hearing from so many people that H1B processing taking more than 3 months now.

- If my H1B got approved before 15-Sep, i do not have any issue to give 2 weeks notice to my current employeer.

- Assume, my H1B gets approved after 15th-Sep or some time in Oct'12, Is there any legal way to work for Company-A to complete my notice period before joining to Company-B, because of the delay in providing decision on my H1B petition. Of course, it is not my fault.

Hope, there are so many people encounter similar situation, Your inputs really will helps me to plan better.

NOTE : Company-B is not ready for PP, based on their policy.

[SameerH1Bworker]

What is the issue of 15th Sept? You can give notice to your current employer anytime after H1B approval & before joining another company.

[blueie]

My problem only, if my petition is approve after 15th-Sep, I dont have enough time for 2weeks notice period.

Based on the apporval date after (its after 15-Sep), I need atleast two weeks to serve the notice to my current employeer.

Is there any legal option to work for two weeks even after status changed to H1B ?

Looking for experts comments ; to get out of this issue.

Thanks in advance.

[pontevecchio]

You give them the money for PP as you are allowed to. If this was and is not possible then why do a COS? Its not possible to have the best of all worlds at all times. You are right. stay out of the country on the day your H1 kicks in and come back on the L1 visa. Work your notice and leave and come back on the H1 visa. Circumventing the visa process is not always possible.

[blueie]

Thanks Pontevecchio for this thought.

I did not anticipated time take for H1 approvals. Hence i have gone with COS.

I have another question related to your suggestion.

Assume i will go out of this country on 31-Sep and come back with L1 on 1-Oct and serve two weeks notice.

Do i need to do COS change again (L1 to H1) after two weeks of notice period ? I am hearing COS changes also takes 2 months time.

Is it ?

Kindly help me to get this details as well.

[pontevecchio]

You can leave then and come back with a H1 visa.