Working on L1-B when H1 is approved with COS


ravbh

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Posted

Hi,

 

I am working with my L1-B employer on  expired L1-B visa but  and but on valid I-94 which is valid till June 2013.

 

Recently my H1B has been approved with Change of status and I have got new I-94 in my I-129 starting from Oct-3 2013.

 

Is it ok if I continue to work with my L1-B employer till December and join my H1B employer in January 2014, even though H1B has been approved with Change of status starting Oct-3 2013?

 

Please advice.

 

Thanks,

Rav

Posted

The major question is whether the L1 company knows about it. No, You cannot work in L1 status anymore. Yes, The L1 company is legally responsible for making sure you have work authority when working for them and obviously in this case their defense if needed will be that they were not informed. Why did you want to do a COS if notice period issues would affect you. ?

Posted

Hi,

 

I am working with my L1-B employer on  expired L1-B visa but  and but on valid I-94 which is valid till June 2013.

 

Recently my H1B has been approved with Change of status and I have got new I-94 in my I-129 starting from Oct-3 2013.

 

Is it ok if I continue to work with my L1-B employer till December and join my H1B employer in January 2014, even though H1B has been approved with Change of status starting Oct-3 2013?

 

Please advice.

 

Thanks,

Rav

No, it is not. You should have started to work for new employer from Oct 3rd 2013. 

If you want to continue working for L1B employer then exit US and re-enter with a valid L1B visa and approval notice and get a L1B I94.

Posted

You are out of status.

You can NOT work for the L1 employer anymore. Your L1 is invalid now. You have to stop working there immediately!

You need to be working for the H1 employer.

Posted

Just for the clarification, My L1-B I-94 is valid till June 2014 (2013 was typo error).

 

Thanks for all the replies. If I work for 1-2 months with L1-B employer, will that cause any problem during my H1-B Visa stamping or Green Card processing?

 

 

Thanks,

Shilpa

Posted

Just for the clarification, My L1-B I-94 is valid till June 2014 (2013 was typo error).

 

Thanks for all the replies. If I work for 1-2 months with L1-B employer, will that cause any problem during my H1-B Visa stamping or Green Card processing?

 

 

Thanks,

Shilpa

You got a new I-94 with the H1 approval. that makes the old I-94 invalid.

You are NO LONGER in L1 status. You are on H1 now!

You have to stop working for the L1 employer IMMEDIATELY!

Anything else WILL result in lots of problems for you.

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