L1 - H1 B transfer

[vikky2rock]

Hi

I am currently in the US on L1 B visa for a Company A. I have validity till 31st DEC 2013. I have applied for H1B 2013 from company B this year on june 5 2012. I have initiated premium processing. Most likey i would get my approval by 20- 25 sepetember 2012. So My H1 with company B is valid from Oct 1st 2012.

But if i were to resign from company A i would have to server a two week notice. Assuiming i resign on 25th september 2012, my notice period would strech into 1st or second week of october. Would it be leagal to server the notice period for company A for few days in october and then eventually work for Company B supposedly from mid october.

Would you advice how would i proceed.

Thanks.

[DontWorryBeHappy]

Resign as soon as you get the H1-B approval. You must start working with H1-B employer from the H1-B start date. Otherwise it's a status violation. To overcome status violation you need to exit country ASAP and re-enter using H1-B visa to get a new I-94 which supersedes status violation.

Note: USCIS forgives up to 180 days of status violation at the time of GC approval.