H1 Approved Consulate Notified Blank

[vishsriv22]

Hi Gurus,

I'm presently on L1B and applied for H1 through another company. My H1 has been approved with below email -

The Vermont Service Center has approved the following

I-129 Petition for Nonimmigrant Worker

that had been filed under the Premium Processing Service:

Receipt Number: EACxxxxxxxxxx

Petitioner: xxxxx

Beneficiary: xxxx

DOB: xxxx

Classification: H1B

Starting Validity Date: xx/xx/xx

Ending Validity Date: xx/xx/xx

Consulate notified (if applicable):

I-94 # (if applicable): Same as my L1 I-94 number

Note that my L1B I-94 is valid till September 2013. And my H1 was applied as COS.

The Consulate Notified field is BLANK and I-94 is my L1 I-94 number.

I'm not sure if this has been approved with COS or Consular Processing. is there a way to check this? Please let me know.

Thanks.

[shandan]

It reads 'Consulate notified (if applicable):', it means it was approved COS.

If it was not the there would had been the counsulate details.

[vishsriv22]

Thanks "shandan" for clarifying my doubt.

Also wanted to check about the notice period. My L1 employer is asking for 1 month of notice period.. since mine is L1 to H1 COS, is it legal to serve the notice period on L1 for my previous employer. My H1 employer is OK with this.

In case I serve the notice period of 1 month, then what are the implications when I will go for H1 extension or GC filing.

Any inputs would be appreciated.

Thanks.

[shandan]

Technically since your COS was approved now you are in H1B Status with the new employer, so cannot be working for the old employer as you do not have an status to work for them.

[nineballs]

Just tell your L1 employer that its illegal to work for him now. The Labor/Immigration Laws supersedes all the company rules. Since your status has changed, just start working for the new employer.

Your L1 employer will have to issue a relieving certificate to you, because you are no longer allowed to work for them.

[wiweq]

"My L1 employer is asking for 1 month of notice period.."

You should have checked this while finalizing the new H1b start date. If notice period was not mentioned in offer letter or any contract, just leave the job, no notice period required.

[wiweq]

"The Labor/Immigration Laws supersedes all the company rules. Since your status has changed, just start working for the new employer."

=> That is correct. But if there was any previous contract of notice period was signed by OP, OP has to pay the penalty as per contract.

[vishsriv22]

Hi Gurus,

My L1's company notice period is 01 month. So is it legal to work, since my L1 is valid till September 2013.

My new employer is also OK with this notice period..he will delay my joining date. Please share inputs on this.

Thanks.

[wiweq]

"My L1's company notice period is 01 month. So is it legal to work, since my L1 is valid till September 2013."

=> The moment your H1b approves, any kind of work other than for your H1b sponsor will be counted as illegal wok/ work with no authorization. The moment your H1b approves, you HAVE to work for your H1b sponsor and getting paid during all of the H1b duration. L1 till 9/ 2013 has no meaning now for you.