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L1B to H1B COS : start after Oct 1 !!

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  • L1B to H1B COS : start after Oct 1 !!

    Hi Forum Senior members & Experts,

    I'm currently in US onsite on L1B Company A. Company B applied for H1B on Apr 2016 through COS. H1B application is picked and "in process". Hoping it gets approved by Oct1.

    Please help me with below that I have been going over from long now:

    I have read in many forums that It is COMPLETELY ILLEGAL to work for L1B employer after H1B approved date. But I have enquired with numerous people in person around me who went through same process and switched to H1B couple or more months after H1B approved dates (due to various reasons like serving notice etc). They DID NOT face any issues while their H1B stamping later nor with the GC process.

    1. If its so ILLEGAL how that is not questioned while their H1B stamping or while POE later ?

    2. Is this like a rule on paper with USCIS but generally allowed excpetion on humanitarian grounds?

    3. My case I would need to serve 2 months notice with my L1B company, so I have to work for them even after Oct1. Nor I can resign before my H1 gets approved. Please advise what options I have

    P.S. I want to clarify that in my post that: I'm NOT taking the USCIS rule litely, I understand the seriousness completely as the lives depend on them. But I have read the rule (which is little less practical) and seen the exceptions (which are real experiences and were practical due to situations). so seeking your advise.

  • #2
    L1B to H1B COS Concern

    Originally posted by vihari1 View Post
    Hi Forum Senior members & Experts,

    I'm currently in US onsite on L1B Company A. Company B applied for H1B on Apr 2016 through COS. H1B application is picked and "in process". Hoping it gets approved by Oct1.

    Please help me with below that I have been going over from long now:

    I have read in many forums that It is COMPLETELY ILLEGAL to work for L1B employer after H1B approved date. But I have enquired with numerous people in person around me who went through same process and switched to H1B couple or more months after H1B approved dates (due to various reasons like serving notice etc). They DID NOT face any issues while their H1B stamping later nor with the GC process.

    1. If its so ILLEGAL how that is not questioned while their H1B stamping or while POE later ?

    2. Is this like a rule on paper with USCIS but generally allowed excpetion on humanitarian grounds?

    3. My case I would need to serve 2 months notice with my L1B company, so I have to work for them even after Oct1. Nor I can resign before my H1 gets approved. Please advise what options I have
    Can someone please respond to this query.

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