Continued to work on L1 after H1 approval by other company - illegal?

[thyagaraj81]

My colleague was working for company A on L1 visa since 2007, and company B filed a new H1 for him 2008 quota. The H1 with Company B got approved and was effective from Oct 1, 2008. However, due to recession period and unavilability of projects in Company B, he had to continue his employment on Company A's L1 and their payroll until end of 2008. He then went to India and quit company A, got the visa stamped for company B, and came back by mid of 2009 on Company B's H1 visa and on their payroll and has continued in US ever since. Now, our employer is ready to file GC for him. Would continuing on L1 after H1 approval by another company be considered as illegal employment?

[wiweq]

"Would continuing on L1 after H1 approval by another company be considered as illegal employment? "

=> Yes, this work had no authorization. Not only this, you were or of status as you didn't get paid on H1b status. So now you got two problems: 1. Work with no authorization and 2. Out of status stay on H1b.

[kattu786]

My colleague was working for company A on L1 visa since 2007, and company B filed a new H1 for him 2008 quota. The H1 with Company B got approved and was effective from Oct 1, 2008. However, due to recession period and unavilability of projects in Company B, he had to continue his employment on Company A's L1 and their payroll until end of 2008. He then went to India and quit company A, got the visa stamped for company B, and came back by mid of 2009 on Company B's H1 visa and on their payroll and has continued in US ever since. Now, our employer is ready to file GC for him. Would continuing on L1 after H1 approval by another company be considered as illegal employment?

If the h1 got approved as COS..then it was illegal

[Attorney_23]

If an H1B petition is filed requesting a change of status, an L-1 worker would generally not be permitted to continue working for the L-1 employer after the H1B takes effect.

[thyagaraj81]

But he has gone out of the country in 2009 and lawfully entered back on the new H1 in 2009 and has been in proper status ever since. Wouldnt that then rule out the issues in GC processing, based on the 245k rule (out of status relaxed if the period is less than 180 days), which however, is applicable for the period for which he has stayed since his last lawful entry to the country. Any thoughts?