L1A to H1B transfer

[SPK2077]

Hi Friends ,

Currently I am employee of company(A) and i came here through L1A. last 2.5 years I am working here. Now the company(B) transfer my L1A to H1B and i got the COS ( I-797 C). its effective from 1-oct-13.
Now my questions is
1. my present company(A) is not in position to release me immediately,they are requesting to stay another 3 more months. Is it legally Ok. If legally allowed than how long i can work to company (A).(Maximum)
2.If the Company(A) offered a permanent job. Is it legally possible? yes means how come.
3.How long the company (B) can hold my H1B Visa.

Please help..

Regards,
Sam.

[raghvi]

Hi Friends ,

Currently I am employee of company(A) and i came here through L1A. last 2.5 years I am working here. Now the company(B) transfer my L1A to H1B and i got the COS ( I-797 C). its effective from 1-oct-13.
Now my questions is
1. my present company(A) is not in position to release me immediately,they are requesting to stay another 3 more months. Is it legally Ok. If legally allowed than how long i can work to company (A).(Maximum)
2.If the Company(A) offered a permanent job. Is it legally possible? yes means how come.
3.How long the company (B) can hold my H1B Visa.

Please help..

Regards,
Sam.

If COS to B was approved you should only be working with B after COS approval date. Continued employment with A post COS date is illegal.

This is my opinion not legal advice.

[kabkaba]

Once change of status becomes effective you must join the H1B employer. If you want to avoid that, leave the US immediately (even to Canada/Mexico) and return in L1A status.
B can keep or withdraw their petition. Irrespective of that you will remain eligible for cap-exempt H1B petition for the next 6 years.