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change of status from L1 to h1 - query

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  • change of status from L1 to h1 - query

    My friend is currently on L1 and got his h1 approval

    1. can he resign his L1 company and still stay in US?(he would be starting working for his new employer starting from oct 1st)

    he finished his assignment from his L1 company and now being asked to come back to india.he wants to resign here in US and stay and start working validly stating from oct 1st.

    is this a valid case?

  • #2
    Yes ...



    • #3
      Was it filed COS or CP?

      The moment he resigns, he falls out of status. So do remember about that gap.


      • #4

        I'm on L1B and working for company A. My H1 got approved with COS from L1b to H1B. Company B sponsored my H1B. Can I resign from company A in Sept 01 and stay back in the USA till I join new employer on H1 on Oct 01 ?

        The gap is for one full months. Is it ok ?


        • #5
          TxH1b, could you answer my question ?


          • #6
            TxH1b, could you answer Sabiya's question ?


            • #7
              No, you cannot as you fall out of status the day you resign. If there is a status gap, the COS is void.

              COS is approved with the assumption that there is no status gap.

              BTW, I don't answer questions 24x7 on the forum. You need to be patient.

              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.


              • #8
                change of status from L1 to h1 - query

                If the L1 compnay does not revoke L1 is there still a problem?

                If my friend resigns on Sep 01, and his company does not revoke the L1 can he still be in US??

                I understand the GAP for COS, but still just want to make sure.

                Thanks for all the good work BTW


                • #9
                  In this case YOU are the one who is revoking the employer-employee relationship. It does not matter whether they revoke the L1 petition or not, you fall out of status either way.