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How to overcome the time gap between L1B and H1B

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  • How to overcome the time gap between L1B and H1B

    I am on L1B, my L1B Valid till September 30th 2014. I have valid approved H1B. It will be active from Oct1st 2014.

    My Assignment is getting completed by Aug 31st, Can I resign on my last day of L1 assignment?

    If I resign on Aug29th, Can I stay in USA ,and start working from Oct 1st on-words?

    If I resign what will be my status from Sept 1st to Sept 30th 2014, my payroll will be run upto 17th Sept.

    I came to know that H1B holder can stay legally from September 21st On wards i.e 10 Days before Oct 1st. Correct me if I am wrong.

    How can i overcome this issue without going to India.

    Shasi

  • #2
    Originally posted by shashi_test123 View Post
    I am on L1B, my L1B Valid till September 30th 2014. I have valid approved H1B. It will be active from Oct1st 2014.

    My Assignment is getting completed by Aug 31st, Can I resign on my last day of L1 assignment?

    If I resign on Aug29th, Can I stay in USA ,and start working from Oct 1st on-words?

    If I resign what will be my status from Sept 1st to Sept 30th 2014, my payroll will be run upto 17th Sept.

    I came to know that H1B holder can stay legally from September 21st On wards i.e 10 Days before Oct 1st. Correct me if I am wrong.

    How can i overcome this issue without going to India.

    Shasi
    You would be out of status from your last payroll run date onward. Also, technically, if you are out of status on 30-Sep-2014, your COS to H1 on 01-Oct-2014 also doesnt hold valid, and come to haunt you later on.

    Best way is convince L1 employer to keep you on payroll till 30-Sep-2014. Next best way is to go out of US and re enter on H1 visa stamping. I know these options are easier said than done, but if you want to keep your immigration records clean these probably are the only two options I can think of.

    This is my opinion not legal advice.

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