Grace Period on L1 to H1

[Atmaram23]

My friend has the below query.

Hi,

My husband filed L1b to H1b on 11th May with COS and it got approved on 28th in USCIS site. We received approval notice today(5th OCT) with I-94 , start Date as 1st of OCT.I filed my L2 to H4 visa(COS) independently, which is still in "initial review" with USCIS. Currently I am working on L2 EAD. I have few questions on the same.

1.When we spoke to attorney regarding quitting on L1 and L2 EAD , we are asked to quit our jobs immediately which is not realistic as we have to serve a tleast 2 weeks notice period.Is there any grace period to move to H1 and H4 as we received the approval notice today in PDF format from our attorney, still not received a hard copy of the same?In some blogs I have seen, they say USCIS considers 2/3 weeks of grace period.

2.As my H4 is not approved yet, what is my status now?If someone(non-profit organization) agrees to sponsor my H1b in cap-exempt, can they do it before any decision made on my current H4 petition, or we need to wait till the decision being made?

Appreciate your help on this.

Thanks,

[raghvi]

There is no such grace period. Your lawyer is right L1 should not be working with L1 employer from H1 start date and should be working with H1 employer. Similarly L2 should not be working as your spouse will not be in L1 and you would be in H4 and H4 cant work . If you previously had an H1 you may be cap exempt otherwise you can move to H1 only from Oct 2013. This is my opinion not legal advice.

[MBATechGrad]

Grace period on L1 to H1

Hi Raghvi,
Thanks..
Can you or someone else please advise suggested approach in such scenario.? The current employer may expect 1-2 weeks of notice period before releasing from the duty?
I am in same boat and may soon file COS from L1 to H1.

In other forum, I read that US CIS is lenient with 1-2 weeks of working with current employer post COS approval. ? Can anyone who has done L1 to H1 please respond if they had provided notice period?
Appreciate it..

Arun

There is no such grace period. Your lawyer is right L1 should not be working with L1 employer from H1 start date and should be working with H1 employer. Similarly L2 should not be working as your spouse will not be in L1 and you would be in H4 and H4 cant work . If you previously had an H1 you may be cap exempt otherwise you can move to H1 only from Oct 2013. This is my opinion not legal advice.

[MBATechGrad]

Hi Raghvi,
Can you please respond or any attorney to reach out for this matter?
Appreciate it.

Regards
Arun

Hi Raghvi,
Thanks..
Can you or someone else please advise suggested approach in such scenario.? The current employer may expect 1-2 weeks of notice period before releasing from the duty?
I am in same boat and may soon file COS from L1 to H1.

In other forum, I read that US CIS is lenient with 1-2 weeks of working with current employer post COS approval. ? Can anyone who has done L1 to H1 please respond if they had provided notice period?
Appreciate it..

Arun

[raghvi]

If notice period is important you can always delay the COS start date and mention the date from which you want to be on H1 in the I539.

USCIS used to take a lenient approach but wouldn't advise it nowadays as they are pretty much strict even on few days.

This is my opinion not legal advice.