Apply COS for approved H1 from L1

[kvvinaykumar10]

Hi,

I am in US and I have applied for H1B this year 2015 and it got approved (valid from Oct 1 2015).However it was not COS from L1 to H1.My H1 employer filed it as if I was in India even though I was in US and now H1 employer applied for COS from L1 to H1 on July 14 via FedEx as I am in USA.

Attorney of H1 Company mentioned that it would take 4 days for receipt and 2 week to get the COS result.
My L1 company needs 2 months’ notice period i.e. ideally I need to resign July 31.But based on H1 attorney I would get COS update around August 2 I believe.

Is it ok to resign with My L1A Company on July 31 assuming COS will not be an issue ? OR wait till COS is approved and then resign?

If I wait for COS, I would be resigning around first week of august which means I need to be with L1 company till October 5. is this acceptable for H1 employer as H1 started from Oct 1st.

Please advise best option.

Thank you,
Vinay

[shervin143]

COS will get approved in 2 weeks only if it was applied in premium. If COS gets approved, then your status will be H1B as of Oct 1st and you should be working for the H1B sponsor as of that days. Otherwise you will go out of status. Working for L1 employer post H1B effective date is illegal.

It is not advisable to resign from the current employer before the COS gets approved. If COS is denied, then you will have to leave U.S, get the H1B stamped and return back after Oct 1st.