rainbow76 Posted September 12, 2013 Report Posted September 12, 2013 Currently my visa status is L1-B, working for X company. I have applied H1-B visa this year with COB. So my visa status will automatically change it to H1-B from 1st October. Shall i initiate my resignation from X company on 15th September? What if my company ask me to leave the company imm'ly? Suppose if my current company ask me to leave the company on 16th September itself, my L1-B visa go to void status. is that right? Will my stay in US illegal for 13 days (17-Sep-13 to 30-Sep-13)?. Is it better to resign on last day (30th September 13) for safer side? Please advise.
omshiv Posted September 12, 2013 Report Posted September 12, 2013 Does the Contract/Offer letter say anything about Resignation? I think you should be good.
jairichi Posted September 12, 2013 Report Posted September 12, 2013 Currently my visa status is L1-B, working for X company. I have applied H1-B visa this year with COB. So my visa status will automatically change it to H1-B from 1st October. Shall i initiate my resignation from X company on 15th September? What if my company ask me to leave the company imm'ly? Suppose if my current company ask me to leave the company on 16th September itself, my L1-B visa go to void status. is that right? Will my stay in US illegal for 13 days (17-Sep-13 to 30-Sep-13)?. Is it better to resign on last day (30th September 13) for safer side? Please advise. If there is a notice period involved then it binds both employer and employee. In this case they can not terminate your employment the next day. If there is no notice period in your contract then tell them on 30th Sept or last working day.
tux78 Posted September 12, 2013 Report Posted September 12, 2013 I think the safest thing to do is resign after you receive the H-1b approval. (just to clarify visa and work permit are two different things). I am guessing you are still waiting for the H-1b petition to get approved. I am not familiar with the L-1b status. Maybe talk to a lawyer to find if there is any grace period of that but yes there might be some risk of being out of status if there is a gap.
omshiv Posted September 12, 2013 Report Posted September 12, 2013 I think the safest thing to do is resign after you receive the H-1b approval. (just to clarify visa and work permit are two different things). I am guessing you are still waiting for the H-1b petition to get approved. I am not familiar with the L-1b status. Maybe talk to a lawyer to find if there is any grace period of that but yes there might be some risk of being out of status if there is a gap. That's a very good point which Tux78 has noted here...you should join the new employer ONLY after you get the H1B is approved.
rainbow76 Posted September 12, 2013 Author Report Posted September 12, 2013 I forgot to mention that my H1B has already in Approved status and received approval notice. As per my current company policy, i should give 2 weeks notice period.
jairichi Posted September 12, 2013 Report Posted September 12, 2013 I forgot to mention that my H1B has already in Approved status and received approval notice. As per my current company policy, i should give 2 weeks notice period. Something told me that your H1B was approved and that is why my reply was specific ;)
omshiv Posted September 12, 2013 Report Posted September 12, 2013 I forgot to mention that my H1B has already in Approved status and received approval notice. As per my current company policy, i should give 2 weeks notice period. In that case you are good to go. Good luck.
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