H1 B switching jobs

[abhishes]

I came to US on L2 visa. I got an EAD and started to work.

 

In Oct 2014, my employer sponsored H1B for me. I got the 797 and I was supposed to go to India to get the H1B visa stamped on my passport. 

 

However due to personal circumstances I never went to India till now. So on my passport I still have L2 visa.

 

I want to switch jobs now. So suppose I resign from employer A now. So I guess my H1B is out of status. but my L2 visa is still valid. Next month employer B files for my transfer and once the application receipt arrives, I start working for employer B.

 

Is this OK? Do you see any problems with this?

 

People who are only on 797 have to leave the country immediately... but I guess in my case because of L2 cover that should not happen.

 

 Before I do anything I am checking if this is OK or not.

[JoeF]

The visa is irrelevant. It is an entry document.

The I-94 is what defines your status in the US.

You are in H1 status, and if you resign, you are out of status.

[abhishes]

I think I may have found the answer to my question.

 

When filing for transfer perhaps they check for continuity and whether you were out of status or not.

 

Now I do have an L2 + EAD... but when we file for transfer they may not realize this and feel that there is a gap.

 

so I guess its best for me to wait and only when the company B files for transfer.. only then move out. Rather than rely on my L2.

 

Let me know if you have any other thoughts....

[JoeF]

The L2 and EAD are invalid. You are in H1 status. That's the only thing that matters.