Notice period for L1B to H1B transfer with COS

[sumeet.joshi54]

Hi All,

I am on L1B Visa with employer X and I have H1B approved with start date 1st Oct 2012 from employer Y. I want to give standard 2 week notice but at same time don't want to be out of status if my employer revoke my L1B visa or terminate my employment before 1st Oct.

My question is :

I heard about 10 day rule, which as per my understanding allows H1B to enter US, 10 days ahead i.e for 1st OCT start date, on 21st Sep. I want to know is it true and applicable in my case as I have H1B with COS.

Thanks in Advance.

Regards,

Sumeet.

[DontWorryBeHappy]

You have 2 options

1) Give notice period to L1B employer on Sep 15th and work with H1-B employer from Oct 1st promptly.

2) Give notice period to L1B employer anytime;

Exit country after the notice period.

Get H1 stamped(Usually Visa officer gives stamping start date as 10 days before the H1-B I-797 start date) and

Reenter on H1-B visa.

Option 1 is easy and hassle free.

Option 2 gives flexibility as you need not worry about stamping in future until stamping expiry date. That stamping works even if you move to a different employer.