H1B Approval with COS after Oct 1st

[BenjaminTK]

Hi I am currently working on L1 visa and a different employer is processing my H1B with COS and the effective start date of employment is Oct 1st 2012. It is still under initial review with USCIS. I wanted to know assuming the approval status shows up on USCIS website on October 8th, and the approved I-797 document reaches my hand on October 11th. Without knowing about the approval until I receive the document, if I still work on the three days for my current employer between Oct 8 and Oct 11, will that be considered illegal?

[DontWorryBeHappy]

It's not illegal. It's going to be status violation. Couple of days status violation should be okay and don't worry too much about that. In fact USCIS forgives up to 180 days of status violation from your last entry to US in case if you green card processing is in the later stages.

One correction, your employer receives the I-797 not you. They are supposed to communicate to you as soon as they receive it. Don't rely on the USCIS website status, it's a bit inconsistent. Also if USCIS makes a decision after Oct 1st usually they will give a start date a bit ahead so that you will have time to move to your H1B employer. Until USCIS makes a decision I think you are good to go with L1 employer.

[Attorney_22]

Technically yes. However, due to the short duration it is unlikely it will cause you any significant issues. If you would like to discuss this in detail it is advisable to speak directly with a qualified U.S. immigration attorney.

[BenjaminTK]

Technically yes. However, due to the short duration it is unlikely it will cause you any significant issues. If you would like to discuss this in detail it is advisable to speak directly with a qualified U.S. immigration attorney.

Technically yes. However, due to the short duration it is unlikely it will cause you any significant issues. If you would like to discuss this in detail it is advisable to speak directly with a qualified U.S. immigration attorney.

Thank you for the advice!

[BenjaminTK]

It's not illegal. It's going to be status violation. Couple of days status violation should be okay and don't worry too much about that. In fact USCIS forgives up to 180 days of status violation from your last entry to US in case if you green card processing is in the later stages.

One correction, your employer receives the I-797 not you. They are supposed to communicate to you as soon as they receive it. Don't rely on the USCIS website status, it's a bit inconsistent. Also if USCIS makes a decision after Oct 1st usually they will give a start date a bit ahead so that you will have time to move to your H1B employer. Until USCIS makes a decision I think you are good to go with L1 employer.

Thanks for the reply. Hoping for the best :-)