applied COS from L1 to H1. can i stay on L1 for 2 more months ??

[sgadiga]

Hi,

 

1)am working  on L1 with employer A. visa expired in March 2013 but have valid I-94 until Jan 2016.

2)applied H1 from Consultent "B"(COS/Change Of Status) and its got approved few days back with effective start date 1st Oct 2014

 

below are my questions :

 

does effective date 1st Oct means am i eligible to work on H1 ?? or  i should start working on H1 from the date ??

i still wanted to continue with my current employer "A" for atleast till end of Nov 2014 to avoid some financial implications.

when i spoke to my consultent "B" Attorney, he said it will not be a problem to stay with current employer "A" for 2 months,if am requesting the same in writing to my consultent B.

 

what are the possible options to continue my employment with current employer "A" under L1 till Nov 2014.

 

currently my family is in india. when can i start processing H4 for them??

 

Thankyou.

[jairichi]

Consultant B attorney is wrong. You have 60 days to report to H1B employer from Oct 1st. From Oct 1st you need to stop working for employer A. To continue working for employer A beyond Oct 1st you need to exit and enter US with a valid L1 visa and I797. Whenever you would like to move to H1B employer you need to exit and enter US with a valid H1B visa and I797, provided H1B petition is not revoked by employer B.

[sgadiga]

Thankyou for the  reply. this gave me confident to plan accordingly.

 

so i have below 2 options only

 

1)exit US before 1st Oct, and get H1 stamping in india then come back.

 

2)stop working for employer "A" before 1st Oct, then move to employer "B" within 2 months from 1st Oct.

 

Thanks

 

[jairichi]

Thankyou for the  reply. this gave me confident to plan accordingly.

 

so i have below 2 options only

 

1)exit US before 1st Oct, and get H1 stamping in india then come back.

 

2)stop working for employer "A" before 1st Oct, then move to employer "B" within 2 months from 1st Oct.

 

Thanks

1. If you intend to work for H1B employer from Oct 1st or within 60 days from Oct 1st there is no need for you to exit and enter US with a H1B visa as you already have a change of status to H1B approved. You automatically move to H1B status from Oct 1st.

2. Last day you can work for L1 employer is 30th Sep 2014. If you are in US then you have 60 days to report to H1B employer.

[pontevecchio]

You do not have to leave. Stop working for the L1 employer by October,1. Join the H1 employer within 2 months subject to mutual agreement. You cannot work for the L1 employer after October,1.