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  • L1 to H1 Conversion Suggestions

    Hello

    Currently I am on L1 status with XYZ Company and working in USA . I applied to H1 Visa for 2018 Quota from a ABC Company and my application was picked in the lottery and In process.My current employer (XYZ) is asking me to go back in sep 1st week.
    I have couple of questions and appreciate for suggestions/ Advise.

    1) As H1 2018 will be effective from October 1st 2017) and in mean time if my H1 petition gets approved , can i stay back in USA and by start working to ABC Company on H1 status without going for Visa Stamping ? Or do need to go out of the country fir stamping to activate my H1B?
    2) As my current employer is asking me to go back on Sep 1st which is one month prior to Oct 1st, if i stay here with out notifying my current Employer, will I be on Illegal status or do i have grace period?

  • #2
    1) Depends on whether your H1 was filed for COS or consular processing. If it is COS, you will get a new I94 along with your accepted H1B, and do not need to leave the country, or else you need to go to a consulate to get the visa stamped in your passport, and get a new I94 at POE. However, you will not be able to work for the new company before Oct 1st, since that would be the start date on your H1.
    Just an opinion; Not legal advice.

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    • #3
      Originally posted by manash_deeps
      I am in US in L1B visa with visa expiry date of November 2018. I got picked in 2017 H1B lottery from two employers and awaiting approval currently for Change-of-Status on both of them. But my current L1B employer wants to send me back to India and is threatening to terminate my employment if I do not go back immediately. If they terminate me, Can I may stay in the US till my H1B is approved effective 01st October 2017.

      Highly Appreciate your inputs and help
      If they terminate, you go out of status from your last pay date. Advisable to negotiate a stay till at least one of COS approval. Worst case, with H1 approved as consular process, you leave US and re enter by going for H1 stamping and getting a new H1.

      This is my opinion not legal advice.

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      • #4
        Originally posted by raghvi View Post
        If they terminate, you go out of status from your last pay date. Advisable to negotiate a stay till at least one of COS approval. Worst case, with H1 approved as consular process, you leave US and re enter by going for H1 stamping and getting a new H1.

        This is my opinion not legal advice.
        I am in US in L1B visa with visa expiry date of November 2018. I got picked in 2017 H1B lottery from two employers and awaiting approval currently for Change-of-Status on both of them. But my current L1B employer wants to send me back to India and is threatening to terminate my employment if I do not go back immediately. If they terminate me, Can I stay in the US till my H1B is approved effective 01st October 2017. If the termination happens after 31st July, could I not stay in US for sixty days under Final Rule?

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        • #5
          L1 to H1 COS after employment termination

          I am in US in L1B visa with visa expiry date of November 2018. I got picked in 2017 H1B lottery from two employers and awaiting approval currently for Change-of-Status on both of them. But my current L1B employer wants to send me back to India and is threatening to terminate my employment if I do not go back immediately. If they terminate me, Can I stay in the US till my H1B is approved effective 01st October 2017. If the termination happens after 31st July, could I not stay in US for sixty days under Final Rule?

          Comment


          • #6
            Originally posted by suggestindian View Post
            Hello

            Currently I am on L1 status with XYZ Company and working in USA . I applied to H1 Visa for 2018 Quota from a ABC Company and my application was picked in the lottery and In process.My current employer (XYZ) is asking me to go back in sep 1st week.
            I have couple of questions and appreciate for suggestions/ Advise.

            1) As H1 2018 will be effective from October 1st 2017) and in mean time if my H1 petition gets approved , can i stay back in USA and by start working to ABC Company on H1 status without going for Visa Stamping ? Or do need to go out of the country fir stamping to activate my H1B?
            2) As my current employer is asking me to go back on Sep 1st which is one month prior to Oct 1st, if i stay here with out notifying my current Employer, will I be on Illegal status or do i have grace period?
            Your situation is same as mine buddy. As seniors suggested, we should wait and watch our COS to be approved first. If it gets approved, you can resign from your current employer and you should be able to stay in US as unemployed till 01st October using newly approved "DHS 2017 Final Rule". But, legally, you can not work for ABC company before 01st October. Seniors, please suggest if you differ on this.

            Comment


            • #7
              L1 Extension

              Hi

              I have applied for L1 Extension, and my Visa is already expired. My current I94 is valid till Jan 2018. If my Visa extension gets rejected before Jan 2018, should I go back to India immediately or can stay in US till Jan 2018?

              Thanks
              Anand

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