L1 TO H1 ammendment , change of status Complications

[feelmagic99]

I am on L1 visa in US working for XYZ multinational company .Actually I had the H1B approval with ABC Company before coming to US from India but the H1B visa was not stamped.

I came to US on L1 through XYZ multinational company and ABC company submitted my amended H1B application (i129) and H4 application(I539) for me and my wife.We have got the receipt but the H1B is still not approved.

Now I have submitted my resignation to XYZ company by giving 2 weeks notice period.


Also yesterday I had a talk with my offshore manager from India regarding my resignation .He said that I am not a US employee as I am not getting US salary and I need to abide by the policies of XYZ multinational company India and have to serve 2 months notice period and comeback to India.

Actually I get Indian salary and per diem allowance in dollars per day from XYZ multinational company .

I will be highly grateful if you can answer these questions.

Can I leave the job on L1 in US and join ABC company on H1B which is still not approved (I have the receipt number).?

What strong steps XYZ multinational company can take to stop me to resign in US ? As per my knowledge I havent signed any bond with them.I may have signed some agreement.

What are chances that my H1 application will be rejected.?

[txh1b]

Very stupid move on your part to resign just after the H1b COS was filed. You should have waited for the COS to be approved and resigned immediately.

Either case, the company cannot do anything to hurt your COS or anything. You are not required to go back to the home country either to satisfy their crazy requirements.

However, you should not work until the COS is approved. I would suggest that you go for premium on the transfer/COS.

You could have also gone for a H1b stamping and returned back on H1b status and avoid all this. Good Luck!

[pbr]

Hi txh1b:

My friend case is also more or less same, but he hasn't resigned yet to L1 employer. H1B employer applied for Change of Status in premium processing for him and his family on 9 days back. But he has not received the receipt number yet. I heard that USCIS commits for 15days processing of this case if applied in Premium. Is there any idea why delay is happening to get receipt number and approval notice. Please let me know your thoughts. Thanks

[txh1b]

They can get it from the back of the check. They should get the email as well.

[pbr]

To txh1b:

I didn't understood, can you please elobarate your answer. His H1B employer said, they didn't get the receipt number atleast. His L1 employer told for project end in next week. Any suggestion on this situation? Thanks in advance.

[feelmagic99]

To txh1b:

Thanks a lot for your reply. As I already have the receipt number for L1 to H1 cos , how much time it will take through premium processing for COS approval..??

[feelmagic99]

I just want to ask one more question....May be I am out of status but can I stay I Us for some days to wait for my premium procession results....

"Applicants who are in the United States at the time of the filing of the I-129 can request a change of status from their present immigration status (i.e. visitor, student, etc.), so long as they are in status at the time of the filing of the I-129. If they go out of status after the filing, but before approval, there is no negative consequence, and the person does not accrue unlawful presence

[txh1b]

I have already told you you need not go back home if the petition was filed before your L1 job ended. You are in a "authorized period of stay by attorney general"

If the petition gets denied for whatever reason, you would have accumulated illegal presence for the entire period since the L1 job ended.

You just cannot work as your status is NOT h1b yet.

[feelmagic99]

thanks a lot

Hi txh1b:
Thanks a lot for your reply , my H1B employer has applied for premium processing.They are saying most probably by next week I will get a decision.
They are also saying that I can work for the client but they will generate the payroll after the H1B appoval is received .Is this scenario possible??

For example : USCIS received my petition on 21st oct ,H1B approval should come max by 7 th november..
My current date of joining id 4 th November, H1B employer will generate the payroll after approval....

[txh1b]

They are also saying that I can work for the client but they will generate the payroll after the H1B appoval is received .Is this scenario possible??

Not possible legally.