L1B to H1B Transfer before october 1st - Special Case

[ppparmar]

Hello,

I have H1B approved for 2014 with COS. I have a special situation now. My H1B was applied by Employe A. My Current EMployer is B (with L1B). Now there is one employer C who is willing to sponsor me with better opportunity. Challenge is, I have resigned from Employer B and my last date is 30th. However, New employer C will do transfer from 2nd Oct. So in this case will I be out of status for one day? What happens if Employer A knows about this and cancels this?

[kabkaba]

If the receipt date for C's petition is before Oct 1, you will not be out of status. You can start working for C from Oct 1. (In fact you must).

A will obviously know that you have not joined them and they may withdraw the petition. But it will make no difference to you.

[sayhi]

L1B to H1B

Hi, I am working for company A on L1B visa which expires on 20th Oct 2013 and have I-94 valid till 2015. Now, company B sponsor me a H1b visa and petition get approve.
1.) Can I work on L1 till 20th October 2013 even after I get my H1B I-797.
2.) Is it legal to stay with company A till 20th OCT.
3.) Will i need to go back to India if i leave company A.

[kabkaba]

If H1B petition has been approved with change of status (I-94 at the bottom of approval notice), then your status will change from Oct 1. You must leave A and join B on Oct 1.