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L1 to H1 COS after October 1st and Notice period

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  • L1 to H1 COS after October 1st and Notice period

    Hi, I came here on L1B VISA in November 2011 and applied through Company A. I applied for COS(Change of Status) to H1B through Consulting Company B. The COS went into RFE and got approved last week i.e 10/8. I got I797 with I-94 on 10/16 this Friday. My L1B Visa was expired in September 2014 and I was staying with I-94 which was valid till 2017. Now, new I-94 generated out of COS from L1B to H1B. Now, as I did not know when my RFE approval would take place, I didn’t place any resign request with my current employer A. Notice period of Company-A is two weeks. I am planning to place resignation tomorrow. I am worried now if I violated immigration laws because of this. Please help me on the below points.

    1.What is the general grace period available for such approval of COS after RFE?
    2.If I want to continue my employment with my current employer, can I go back to India and file H1B petition as H1B cap exempt and have the H1B of Company-B transferred to Company-A(current).
    3.My family is in India. How soon I can bring them here assuming I join the company-B in another two weeks. (As I said earlier, Company-B is a consulting company and I need to find out projects with other companies and work as a contractor).
    Please help ASAP.

  • #2
    1.What is the general grace period available for such approval of COS after RFE?
    >>> Unfortunately there is no grace period.

    2.If I want to continue my employment with my current employer, can I go back to India and file H1B petition as H1B cap exempt and have the H1B of Company-B transferred to Company-A(current).
    >>> Used to be possible. In recent times, there are RFEs issued when one tries to transfer the H1B without working for the employer in H1B status.

    3.My family is in India. How soon I can bring them here assuming I join the company-B in another two weeks. (As I said earlier, Company-B is a consulting company and I need to find out projects with other companies and work as a contractor).
    >>> You can being them anytime. They need a valid H4 visa in their passport and you should be maintaining the H1B status by working for the H1B sponsor and getting paid.
    Not a legal advice. Use of this information is strictly at your own risk.

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