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I have a case:
A person had applied H1B in April 2008 and was working on L1 untill 23 Nov 2008. On 23 Nov 2008, he got to know that his H1B visa with COS got approved. So as he didnt want to leave current job he went to Home country by travelling immediatly on next day 25 Nov 2008 to follow the suggestion given on **** **.com i.e.
http://www. **** **.com/Chatdb.asp?Search=&Type=All&page=117
Question: I am on L1B from company A, and I applied for an H1B from company B. My H1B got approved last week. Do I need to join company B immediately, or do I have some grace period and can continue work with company A for more time?
Answer: The ACWIA law of 1998 allowed the employer up to 60 days if the person is in the U.S. and 30 days if s/he is entering from abroad to start paying the H1B employee. The "last action rule" of the USCIS means that the last action of the USCIS governs the individual"s status and, arguably, from the date of the H1B approval start date one is deemed to violate status if s/he does not start working for the H1B employer. As of the date the H1B starts, one is no longer an L-1 and should not be working for the L-1 employer. To be on the safe side, the person possibly should consider traveling abroad and reentering in the desired status to ensure that s/he is not considered to be violating status.
Now he is on leave for next 25 days and his payroll will get processed in US till end of Dec.
Questions are :
1. What if this person want to come back to US on 1 Jan 2009 on current L1? Can he do so?
2. If this person decides to stay in India so that his US payroll will stop from 1 Jan 2009. If then he plan to move on H1B after 1 year OR 6 months, what will he need to do for it? Please note that this person doesn't have any documentary proof of approved H1B apart from the Case Number (EAC **** ).
I request you to address both of my questions.
I am happy that I got all necessary guidance from this forum, especially from txh1b. Thanks a lot in advance for resolving above query.
A person had applied H1B in April 2008 and was working on L1 untill 23 Nov 2008. On 23 Nov 2008, he got to know that his H1B visa with COS got approved. So as he didnt want to leave current job he went to Home country by travelling immediatly on next day 25 Nov 2008 to follow the suggestion given on **** **.com i.e.
http://www. **** **.com/Chatdb.asp?Search=&Type=All&page=117
Question: I am on L1B from company A, and I applied for an H1B from company B. My H1B got approved last week. Do I need to join company B immediately, or do I have some grace period and can continue work with company A for more time?
Answer: The ACWIA law of 1998 allowed the employer up to 60 days if the person is in the U.S. and 30 days if s/he is entering from abroad to start paying the H1B employee. The "last action rule" of the USCIS means that the last action of the USCIS governs the individual"s status and, arguably, from the date of the H1B approval start date one is deemed to violate status if s/he does not start working for the H1B employer. As of the date the H1B starts, one is no longer an L-1 and should not be working for the L-1 employer. To be on the safe side, the person possibly should consider traveling abroad and reentering in the desired status to ensure that s/he is not considered to be violating status.
Now he is on leave for next 25 days and his payroll will get processed in US till end of Dec.
Questions are :
1. What if this person want to come back to US on 1 Jan 2009 on current L1? Can he do so?
2. If this person decides to stay in India so that his US payroll will stop from 1 Jan 2009. If then he plan to move on H1B after 1 year OR 6 months, what will he need to do for it? Please note that this person doesn't have any documentary proof of approved H1B apart from the Case Number (EAC **** ).
I request you to address both of my questions.
I am happy that I got all necessary guidance from this forum, especially from txh1b. Thanks a lot in advance for resolving above query.
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