L1B to H1B COS - Please Help - Urgent

[dev2design]

I am currently working in L1B visa and a new employer is applying L1B to H1B COS for me. I had an old H1B within last six years so they will be using that to file a cap exempt petition.

My question is when can I join the new company? The attorney representing the company is saying I

need NOT wait for the approval but can join as soon as USCIS accepts the petition.(AC21 act or so).

I want your opinion about the legality of the above statement. Can AC21 used in my case since I am currently in L1B status. Also is it risky since if H1 gets denied I wont have L1/H1 and will be out of status.

Please help!

[krialta]

Your attorney is correct, there is no legal obligation that would prevent you to start working for new employer. .

In case if your COS is rejected and if your previous employer has not revoked his petition and still wiling to offer you a job, you can continue working with him once again - a risk factor which you needs to decide on whether needs to be taken or not.

If your new employer could file premium processing you would get a response in 15 days, speak to him.

[JoeF]

Your attorney is correct, there is no legal obligation that would prevent you to start working for new employer. .

Hmm, not correct.

USCIS has changed the rules a bit. The person already has to be in valid H1 status to be able to start working fore the new employer just with the H1 receipt.

For all others, like the OP who is in L1 status, the person has to wait for the H1 approval.

The OP should get a better lawyer.

[dev2design]

Dear Joe,

Do you have any USCIS notice/link or something to show as a proof for this change in policy. My Attorney (appointed by the employer) is not agreeing and hence employer is asking me to join ASAP. I want to convince them that this is illegal and I don't want to do anything illegal which can cause issues later. Please help.,

Thanks

Hmm, not correct.

USCIS has changed the rules a bit. The person already has to be in valid H1 status to be able to start working fore the new employer just with the H1 receipt.

For all others, like the OP who is in L1 status, the person has to wait for the H1 approval.

The OP should get a better lawyer.

[JoeF]

Dear Joe,

Do you have any USCIS notice/link or something to show as a proof for this change in policy.

I am sure it is somewhere on the Murthy website.

This was in their newsletter some time back.

[JoeF]

Dear Joe,

Do you have any USCIS notice/link or something to show as a proof for this change in policy. My Attorney (appointed by the employer) is not agreeing and hence employer is asking me to join ASAP. I want to convince them that this is illegal and I don't want to do anything illegal which can cause issues later. Please help.,

Thanks

Here is some note:

http://www.murthy.com/2011/06/27/h1b-faqs/

Question 5. Can I begin working for my new employer once I have filed the H1B petition?

It depends. If one is currently in H1B status with another company, then s/he may be legally allowed to start working for the new employer upon USCIS’ receipt of the H1B petition. Otherwise, one generally must await an approval of the H1B petition and a change of status.

[dev2design]

Thanks Joe for the links. I shared the links with the attorney and made this convince its safer to join on H1 Approval as per new policy !!!

One more question. My H1 is currently filed under premium processing. I did not tell my current employer yet because they can cancel L1 before H1 is approved. Can I give them 2/3 days notice once the H1 COS is approved in the website. I know working for L1 employer after H1 is approved is illegal, but can I work till I get I-94 in hand? or I should quit once I see approved in the USCIS website itself? Will working 2-3 days cause any harm?

Thanks

Here is some note:

http://www.murthy.co...06/27/h1b-faqs/