Quitting L1B job and Staying in US based on H1B Receipt Number?

[harry83]

Hi Guys

I am in L1B visa with employer A and I have filed a H1B petition with employer B but it’s status is in “Initial Review” and I have Receipt Number of the petition also. My question is Can I stay in USA even after Quitting Employer A(L1B visa becomes invalid) based on H1B petition filed and its “Initial Review” status?

Am I eligible to stay in USA based on a petition which is not yet approved?

Appreciate your responses, Thanks!

[txh1b]

If you applied for a COS from L1 to H1, the COS is based on the fact that you continue to maintain your old status as both status require you to be working. If the COS was a B1/B2, you could possibly quit. For a H1b, you have to be working and cannot quit until the COS is approved.

[harry83]

Thanks for the reply.

I understand from your comment that either of the Status(L1/H1) is required to work here. So, in my case I should not Quit the Job on L1 because it will loose my L1 Status and COS for H1 is also not approved.

So, here is one more question.
If i can't join new employer until my COS for H1 is approved, Can i just quit L1 job and be present/stay in US just based on petition?

Thanks

[shervin143]

If i can't join new employer until my COS for H1 is approved, Can i just quit L1 job and be present/stay in US just based on petition?
>>> The answer to your question is NO. You are pretty much asking the same question again. If you quit your job, then you are no longer in L1 status. To be in L1 status, you need to be employed with the L1 company and get paid. If not, you are out of status on L1. Until the COS to H1B gets approved, you will not be in H1B status. That is the reason why you can't join the H1B employer when the COS is in progress. To be in U.S, you need to be maintaining a valid immigration status (You just can't stay here without any purpose [Work/Study/Business/Tourist]). So, on what status are you planning to stay in U.S between the time you quit your L1 job and the H1B gets approved or denied?

[harry83]

Thanks a lot Guys for the responses.