I-797 Query !! Urgent !!!

[rockey123]

Hi Shervin,

Hope you are doin well.

I am currently working for CompanyA on L1B. CompanyB applied for my H1B and it is approved. They have provided me a copy of I-797.
My I-94 effective date is 2nd December 2010. I have following questions..

1> Does this document itself ensure my COS from L1 TO H1B ? If not what needs to be done to get COS ?

2> Can I resign from CompanyA and join CompanyB with this I-797 only ?

3> How long can I continue working with CompanyA now ?

[txh1b]

1. Yes
2. You MUST as it is a COS if it came with an I-94.
3. You are already engaged in illegal employment if you are working for L1 employer. Stop immediately as the COS itself can be deemed illegal and the H1b period will also become illegal.

[shervin143]

You should be working for the H1B employer starting 2nd December 2010 (Effective date of COS) and get paid to maintian the H1B status. Your employment with the L1 employer past 2nd December is illegal.

If you want to stay with the L1 employer, then leave the country IMMEDIATELY and re-enter in L1 visa (make sure you return all your I-94s when you leave the country).

[txh1b]

You have to probably leave and return on H1 to ensure safety as once you hit illegal employment, the following legal employment can also be counted as illegal according to some clause that I read in a memo.

[rockey123]

Query !!

Thanks for your advice.
CompanyB has provided me a Soft copy of I-797 and urging to collect the original one once I join them. Is there any problem with this ?

[shervin143]

No problem. You will need to get the I-94 from them and attach it to your passport.

Thanks for your advice.
CompanyB has provided me a Soft copy of I-797 and urging to collect the original one once I join them. Is there any problem with this ?