L1 to H1 Change of Status after Oct 1st

[dj_rakish]

Hello mates,

Here my details for change status questions

1. I am on L1B and out side of India. My L1B still valid till Aug-2022 and I can travel on it.
2. I got my H1B approved from different employer on Nov-2021.

questions :

1. can I travel on L1B and apply for change of status?
2. if change of status approved, is there any grace period to start working with new employer?
3. will change of status be effective immediately?
4. Before, I start working with new employer, I will have to serve 15 days notice with current employer. will this create any issue for change of status effective immediate?
5. To avoid the risk, should I get H1b visa stamped in India and travel with that? but US consulate in India are not accepting any application currently and they are only open for emergency appointments?

If anyone could provide some light on this, would help in deciding the correct path.

Thanks as always.


Thanks,
Rakish.

[rkk09]

Hi Member,
Please see my response below.
1. can I travel on L1B and apply for change of status?
Answer: If you have L1B visa stamping then you can travel with the help of this. Once you reach the USA then you can file change of status petition to H1B.

2. if change of status approved, is there any grace period to start working with new employer?
Answer: It depend on from which date you are going to seek change of status approval.. From that date and as per approval, it will start. And you will not have any grace period at all.

3. will change of status be effective immediately?
Answer: As I mentioned above, it depend on approval. As per the approval, it will be activated.

4. Before, I start working with new employer, I will have to serve 15 days notice with current employer. will this create any issue for change of status effective immediate?
Answer: No. Calculate all of these then request the change of status date accordingly.

5. To avoid the risk, should I get H1b visa stamped in India and travel with that? but US consulate in India are not accepting any application currently and they are only open for emergency appointments?
Answer: Yes. If you get H1B visa stamped in your home country then travel to the USA, you will not have any of the complications about filing, spending money, and waiting times. But US embassy in India is opened for all non-immigrant visas. Not only for emergency category.. It is better to look for slots then hold the Interview date.

All the best.
Thanks

[dj_rakish]

Thanks rkk09 for much details.

Do you know can new employer transfer my approved petition to them for consular processing?

Hi Member,
Please see my response below.
1. can I travel on L1B and apply for change of status?
Answer: If you have L1B visa stamping then you can travel with the help of this. Once you reach the USA then you can file change of status petition to H1B.

2. if change of status approved, is there any grace period to start working with new employer?
Answer: It depend on from which date you are going to seek change of status approval.. From that date and as per approval, it will start. And you will not have any grace period at all.

3. will change of status be effective immediately?
Answer: As I mentioned above, it depend on approval. As per the approval, it will be activated.

4. Before, I start working with new employer, I will have to serve 15 days notice with current employer. will this create any issue for change of status effective immediate?
Answer: No. Calculate all of these then request the change of status date accordingly.

5. To avoid the risk, should I get H1b visa stamped in India and travel with that? but US consulate in India are not accepting any application currently and they are only open for emergency appointments?
Answer: Yes. If you get H1B visa stamped in your home country then travel to the USA, you will not have any of the complications about filing, spending money, and waiting times. But US embassy in India is opened for all non-immigrant visas. Not only for emergency category.. It is better to look for slots then hold the Interview date.

All the best.
Thanks

[rkk09]

Hi Member,

Please see my response below.

Do you know can new employer transfer my approved petition to them for consular processing?
Answer: Yes.. I hope you are asking about H1B transfer. If yes, you can do H1B transfer to new Employer and it will be approved with only consular processing why because while they process the transfer petition, you will be in India.
Please note, when petition is in adjudication status, if you are outside the country then the petition will be approved with consular notification.

All the best.
Thanks

[dj_rakish]

Hello rkk09 ,

thanks for helping out on questions. Much appreciate your help.

I am trying to gauge low risk path for H1B switch. can you help out me on below too

1. I would like to change current H1B petitioner and move on new employer. so should I ask new employer to file transfer while I am in India?
2. I read at least two paystubs require to change the employer, would that need in this case too?
3. can I travel on L1 and ask H1B employer to file transfer and COS? both at time possible to do ?

I would like to move to H1B with low risk and with new employer.


Thanks in advance.

Hi Member,

Please see my response below.

Do you know can new employer transfer my approved petition to them for consular processing?
Answer: Yes.. I hope you are asking about H1B transfer. If yes, you can do H1B transfer to new Employer and it will be approved with only consular processing why because while they process the transfer petition, you will be in India.
Please note, when petition is in adjudication status, if you are outside the country then the petition will be approved with consular notification.

All the best.
Thanks

[rkk09]

Hi Member,

Please see my response below.

1. I would like to change current H1B petitioner and move on new employer. so should I ask new employer to file transfer while I am in India?
Answer: Yes. Your new employer can file H1B transfer petition while you are in India.

2. I read at least two paystubs require to change the employer, would that need in this case too?
Answer: Since you are not in the USA and staying in abroad, I hope you wont require while doing H1B transfer. But if you worked already under H1B for sometime in the USA, then you will need to cover those periods with the help of paystubs.. It will be required to proof, you were maintaining the status at the time of H1B period.

3. can I travel on L1 and ask H1B employer to file transfer and COS? both at time possible to do ?
Answer: I wont really recommend to do both the things at same time.. Just take action on one process and complete then think about H1B petition.

All the best.
Thanks

[dj_rakish]

rkk09 tons of thanks !