L1 to H1 urgent Help

[vipinkr]

Hi,

Iam on L1 Visa in US with Emp A, Emp B filed H1 for me with COS, it did not get approved till Oct 1 and got RFE on oct 13th (Education Eval), Attornet filed response to RFE and my H1 got approved today, I Know its illegal to work with L1 employer any further but now iam in problem, I need to serve 2 weeks notice with employer A, I Asked attorney and he said i cannot work with L1 employer legally however he also advices me that its good industry practice to give 2 weeks notice, chances of getting into problem are very less if i give 2 weeks notice and then join H1 employer. Please suggest.


Also: i can have 2 options:

1: L1 employer to keep rolling my payroll for another 2 weeks and H1 employer to start the payroll after 2 weeks
Or
2: H1 employer to start payroll immediately and L1 employer also keep rolling payroll for 2 weeks (While in notice)

Which one to go for?

I Know its illegal but does anyone have any past experience with such a situation?

will i have any problem in future in:

1: H1 transfer.
2: H1 Renewal
3: GC

Regards,
Vipin

[raghvi]

Hi,

Iam on L1 Visa in US with Emp A, Emp B filed H1 for me with COS, it did not get approved till Oct 1 and got RFE on oct 13th (Education Eval), Attornet filed response to RFE and my H1 got approved today, I Know its illegal to work with L1 employer any further but now iam in problem, I need to serve 2 weeks notice with employer A, I Asked attorney and he said i cannot work with L1 employer legally however he also advices me that its good industry practice to give 2 weeks notice, chances of getting into problem are very less if i give 2 weeks notice and then join H1 employer. Please suggest.


Also: i can have 2 options:

1: L1 employer to keep rolling my payroll for another 2 weeks and H1 employer to start the payroll after 2 weeks
Or
2: H1 employer to start payroll immediately and L1 employer also keep rolling payroll for 2 weeks (While in notice)

Which one to go for?

I Know its illegal but does anyone have any past experience with such a situation?

will i have any problem in future in:

1: H1 transfer.
2: H1 Renewal
3: GC

Regards,
Vipin

You should have requested for a future dated H1 start in order to give adequate notice .There is no straight way out of this situation. The point is not only about running payroll or not. As you are no longer in L1 it will be illegal not only for you to work for the L1 employer, but wrong for the company to pay you. Also, since your status has changed to H1 if you dont work for H1 you are out of status and its illegal for the employer to not pay the employee too. The time you are not getting paid H1 wages and the longer it shows in your paystubs and W2 the longer is your Out of Status period. Whether this out of status affects yoru future visa processing depends upon the officer who looks at your case but the longer the out of status period the more the risk.

You can negotiate with current employer to relieve you immediately and you do the knowledge transfer and other wrap up activities offline in good faith while being off their payroll. It all depends upon your relation with them and them not holding back your experience certificate etc.

This is my opinion not legal advice.

[vipinkr]

thanks for the reply, employer agreed for weeks notice, will this be a big problem in future?

[raghvi]

As I said it all depends upon officer who takes up your future applications. But 1 Week period should not pose a big problem.

This is my opinion not a legal advice.