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L1 to H1 COS and India trip

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  • L1 to H1 COS and India trip

    Hi senior members.
    currently i am on L1b VISA through employer A and I have an approved H1b(which is COS from l1 to H1 from Employer B) which will be effective from Oct 1st, my current project with employer A is going to be finish in 1 week and i need to travel back to India.
    I have to attend one interview in July 1st week(here i am planing to transfer my H1 to another employer C).
    so my question is..
    is it possible to stay in US without pay for 15 days while I am on L1(I can give some urgent issue to my L1 employer)
    or it is illegal to stay a single day without pay

  • #2
    If your employer releases you, it is illegal. If the employer still has you on the payroll, you will be fine. Technically, one can apply for COS to B2 and stay for a while when that application is pending to take care of unfinished business after L1/H1b ends.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

    Comment


    • #3
      Thanks Txh1b
      Its like employer send me a mail that your last pay date at onsite is june 25th, if we get another project for you we will cancel your release.
      so if i am not getting project till 25th i have to go or i can say that i have some personal reasons and i will go to India after a week or so.
      please guide

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      • #4
        You have to leave as per the law. But as the I-94 has not expired, it will not show up as overstay but you will be out of status for that week. You could apply for COS to B2 and then stay legally on a pending petition to wind up business here.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

        Comment

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