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L1 to H1B - change of status - payroll related

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  • L1 to H1B - change of status - payroll related

    Hi,

    I am currently on L1B which is valid till 05-Nov-2010.
    Also i have an approved petition according to which my status will automatically become H1B from Oct 1, 2010 (for same employer).

    I will travel to India in Sep 2010. If i get a H1B visa stamping on sep 10th 2010, then my L1B will expire on that day (but H1B will be valid only from Oct 1 2010).

    1. Does this mean that from sep 11th till Oct 1 2010,
    payroll cannot be run for me by my employer because i am out of work status during that time?
    2. Also legally i can enter US 10 days prior to Oct 1. Does this mean i can work from the date onwards (say sep 22nd) or i can only do so from Oct 1st?

    Thanks in Advance,
    Joe

  • #2
    1. Does this mean that from sep 11th till Oct 1 2010,
    payroll cannot be run for me by my employer because i am out of work status during that time?
    >>> Your employer need not have to pay you when you are out of the country, unless you travelled for business purpose.

    2. Also legally i can enter US 10 days prior to Oct 1. Does this mean i can work from the date onwards (say sep 22nd) or i can only do so from Oct 1st?
    >>> You can start working on H1B status only from Oct 1st.
    Not a legal advice. Use of this information is strictly at your own risk.

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