Last Action Rule during H1, L1 petition process

[dwave]

Dear Sir/Ma'am,

 

Good Morning.

 

I am working with Employer A on L1B Blanket. My L1B visa, i94 both expired on Aug-05 2013. 

L1B extn petition is in progress which we Applied for extn on Aug-02. Current status is Initial Review.

Employer B has applied for my L1B to H1B CoS 2013. H1B RFE has been responded on Nov' 7th with premium processing. Hoping approval on/before Nov' 22nd.

 

 

Point 1:     Employer A would not withdraw / revoke L1B petition neither now nor when I get Employer B's H1B approval firs nor during/after notice period of 15-30 days. 

             I would not be working for Employer A again after serving notice period.

 

Question 1:  Is it legal to serve the 15-30 days notice period with Employer A after I got the H1B CoS approved for Employer B ? 

             It might not be legal but practically we will have to provide enough transition.

 

 

Point 2:     I understand that if I get the L1B approval after few days of H1B approval, as per 'Last Action Rule', continuing on H1B status will become illegal. 

             In that case, Employer B will have to apply "L1B-to-H1B-CoS-H1B-CAP-exempt". Would you see any significant issues at USCIS to approve this new petition while working on 

             illegal status (L1B) for H1B Employer B.

             Due to stamping issues, we are more concerned to step-out of country to get the approved H1B stamped.

 

Question 2:  If it is legal to work with H1B employer during "L1B-to-H1B-CoS-H1B-CAP-exempt" processing period. 

             <<The period between the date when immigraiton status becomes L1B as per last action rule AND before "L1B-to-H1B-CoS-H1B-CAP-exempt" approved >>. 

             If this case is legal, would you receommend premium procesing which could help in reducing the illegal number of days working for H1B employer on illegal status? 

             or whether it is legally eligible to work for employer B in normal processing as the new "L1B-to-H1B-CoS-H1B-CAP-exempt" is in pending/processing status.

 

 

Question 3:  Employer's attroney has a different opinion that 'last-action rule' is not applicable when we are not working with Employer A anymore after serving the notice period/leave Employee A. 

             But L1B might come during notice period itself. We would like to hear your best opinion on this too.

 

 

Thanks

Dwave

[madhu418]

If you in US and COS has been approved for an Employer, then you will have 60 days to join that empoyer.

 

By law your previous employer should send a noification to USCIS, that you are no longer working for them after the last day.

 

I am not sure how your current will be considered, so i suggest you consult atleast two other atorneys before you make a decision.

[dwave]

Hi,

 

H1B got approved today. Please advise on the below doubts.

 

Thanks

dwave