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  • shervin143
    replied
    if i decide to work for company B say after 3 Months , should company B run any payroll
    a ) during this time , if i am working for comany A here in USA
    >>> They will run the payroll only if you work for them. How can they run the payroll if you haven't started working for them? I don't get your question. If the H1B gets approved as a COS, then you have to work for them and the payroll should be generated to keep you in status. If the H1B gets approved as consular process, then they don't have to work for them and they don't have to run your payroll until you get to H1B status.

    b) if iam working for company A in India
    >>> What you do outside the country doesn't matter. They don't have to run your payroll when you are not in the country.

    Leave a comment:


  • garrepra1
    replied
    Originally posted by garrepra1 View Post
    Thanks a ton Shervin143..
    Also if i get H1B after applying as fresh H1

    if i decide to work for company B say after 3 Months , should company B run any payroll
    a ) during this time , if i am working for comany A here in USA
    b) if iam working for company A in India

    Leave a comment:


  • garrepra1
    replied
    Thanks a ton Shervin143..

    Leave a comment:


  • shervin143
    replied
    If i apply COS , and say if i get it from Oct 1.Will there be any grace period for me to resign from company A and join company B.How long i can continue in Complany A before change to Comany B.
    >>> There is no such grace period. You need to be on the H1B employer's payroll from the effective date of the COS. If the COS gets effective from Oct 1st, then your status will change to H1B on Oct 1st and you can no longer get paid by L1 employer since you are not in l1 stagus anymore.

    If i get it approved for Oct 1 and if Company send me back to India , what will happen to COS.
    >>> Nothing. When you leave the country, you will have to return all the I-94's (the L1 I-94 as well as H1B I-94 that came with the COS). When you return back in H1B visa (after getting the H1B stamped), you will get a new I-94 at the POE and your status will be H1B.

    Leave a comment:


  • garrepra1
    replied
    Thanks a ton Shervin143.
    If i apply COS , and say if i get it from Oct 1.Will there be any grace period for me to resign from company A and join company B.How long i can continue in Complany A before change to Comany B.
    If i get it approved for Oct 1 and if Company send me back to India , what will happen to COS

    Leave a comment:


  • shervin143
    replied
    a) Can i continue on L1B till my formalities with company A are over ?Can i have both L1B and H1 at a time ?
    >>> H1B by consular process mean, you are not in H1B status until you get it stamped and enter backin H1B visa. So you can continue to be with the L1 employer. When you decide to get to H1B, you will need to leave the country, get the H1B stamped and re-enter in H1B visa or alternatively, apply for a COS from L1 to H1B at that time. If you apply for a COS, then you cannot work for the H1B employer until the COS gets approved.

    b)If i get a project with Eomplyer B , can i start working with it or is it mandatory that i have to go back to India and get my H1 stamped.Can i work for B even without my VISA being stamped.
    >>> No. Consular process means, your H1B is approved, but your status still remains L1. So in order to work in H1B, you have to get your status changed to H1B either by getting it stamped and re-entering in H1B visa or by aplying for a COS later.

    c ) If Stampping is Mandatory , do i have to go back to india only? I heard that i can get my stamping done even from Canada.Is that true ?
    >>> First time H1B should be done from your home country.
    Last edited by shervin143; 07-28-2010, 08:06 PM.

    Leave a comment:


  • garrepra1
    replied
    Also if i decide to work for company B say after 3 Months , should company B run any payroll
    a ) during this time , if i am working for comany A here in USA
    b) if iam working for company A in India


    Many thanks in Advance..

    Leave a comment:


  • garrepra1
    replied
    L1 to H1

    Thank you very much shervin143.
    I have few questions left.

    If Employer B applies for H1B as a consular process and if i get H1 B

    a) Can i continue on L1B till my formalities with company A are over ?Can i have both L1B and H1 at a time ?
    b)If i get a project with Eomplyer B , can i start working with it or is it mandatory that i have to go back to India and get my H1 stamped.Can i work for B even without my VISA being stamped.
    c ) If Stampping is Mandatory , do i have to go back to india only? I heard that i can get my stamping done even from Canada.Is that true ?

    Looking forward for your help.Many thanks in Advace.

    Leave a comment:


  • shervin143
    replied
    1) WHich is better for my situation, A H1B transfer or new H1B. But company B says that it will do a H1B transfer.
    >>> You case doesn't fall under H1B transfer. You need to have an H1B at the 1st place to get it transferred. You case is either a COS from L1 to h1B or a fresh H1B as consular process. Ask company B to apply the H1B as a consular process.

    What are the pros and cons of a L1B to H1B transfer and applying a new H1B.
    if company B does H1B transfer , i have to give atleast one month notice to company A.can i stay on L1B until my formalities are complete before i go to company B.During this time , if company A says you have to go back to India then how can i get H1B transfer.
    >>> Once the COS gets approved (the approval comes with a new I-94), you cannot work for the L1 employer. Your employment with the L1 employer beyond the effective COS date will be treated as illegal and you have to start working for the H1B employer and get paid from day 1.

    2) If company B do a H1B transfer, can I continue to work for company A on my current L1B even after October 1, 2010?.
    >>> No. See above answer.

    3) Can I travel to India (before or after October 1, 2010) and remain in India for 1 or 2 months?.
    >>> Yes. In that case you should consider filing the H1B as a consular process.

    4) Can I come back to US in November on new H1 Visa by getting stamped in India?
    >>> Yes.

    Leave a comment:


  • garrepra1
    started a topic L1 to H1

    L1 to H1

    Hi,
    Iam currently on L1B (Blanket) with company A. Company B has agreed to process my H1B for 2010. My

    criteria is that I have to go back to company A in india to get my relieving letter from company A. So I want the

    flexibillity of going back to india for a month and come back with the new H1B visa.

    1) WHich is better for my situation, A H1B transfer or new H1B. But company B says that it will do a H1B transfer.

    What are the pros and cons of a L1B to H1B transfer and applying a new H1B.
    if company B does H1B transfer , i have to give atleast one month notice to company A.can i stay on L1B until my formalities are complete before i go to company B.During this time , if company A says you have to go back to India then how can i get H1B transfer.

    2) If company B do a H1B transfer, can I continue to work for company A on my current L1B even after October 1,

    2010?.
    3) Can I travel to India (before or after October 1, 2010) and remain in India for 1 or 2 months?.
    4) Can I come back to US in November on new H1 Visa by getting stamped in India?.

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