Employer asking letter of leave - Urgent help needed


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I got my h1 petition approved this year, few days back .I'm on L1 visa and have have given 15 days notice to my L1 visa employer to ensure business continuity and also I have a contract to give 15 days to 3 months notice before moving out of current company. This notice is required otherwise it will impact my L1 employer as well as client and me.


My notice period has already started with L1 employer however my new employer (H1 employer) is asking for a letter of leave until I join her. I'll join her as soon as my notice period is over but she told me to right a letter mentioning I'm unable to join her due to personal reason whereas reason for not joining is my notice period. She told me not to mention notice period as reason for not joining her.


Please advice if I should give her a letter mentioning that I'm not able to join due to personal reason or not? What could be consequence if I do so.


(I understand that once my h1 is approved I need to quit L1 employer immediately but considering contract and business situation I need to serve minimum 15 days notice. I understand there is a form 245i, which can be used to adjust this L1 -> H1 status issue.)


Looking forward for your valuable advice as soon as possible.





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If the H1 was a COS, you are now in H1 status, and you have to stop working for the L1 employer immediately. The notice period is irrelevant. You are not authorized to work on L1 anymore. That overrides any notice period. Whatever contract the L1 employer has is also completely irrelevant.

You are out of status now, illegal! Stop working for the L1 employer immediately!

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