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L1B to H1B can i work with H1B Reciept ?

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  • L1B to H1B can i work with H1B Reciept ?

    I am working on L1B for employer A.
    I applied for H1B(Change of status) through Employer B.I got the H1B Receipt but i did not get approval yet.
    1 ) My question is can i resign Company A now and stay here in USA legally(with H1B Receipt) until i get H1B Approval?
    2 ) For instance if i resign and stay here waiting for approval and if i get RFE and H1B Processing got delayed ,how long can i wait for approval by staying here
    and be without company A.
    3 ) If my H1B Approval get delayed, the client of employer B who has provided client letter etc for H1B will withdraw my job offer. In that case what is the impact on my H1B.
    if H1B approved with that client letter,can i start working for any other client through employer B once i get H1B.Is that Legal.
    Can i join other client(who did not provide client letter with which i got H1) immediately after getting H1B.

  • #2
    You can stay in the US as long as H1 petition is not denied but you cannot work for the H1 employer.
    H1 petition is approved for your employer to hire you. The employer can send you to any client but must always pay you at least as much as LCA irrespective of client.
    H1 petitions from consultants receive a lot of scrutiny these days. I will advise you to not quit your L1 job because if H1 is denied you will have option but to leave the US. H1 can be filed in premium and decision received in 15 days.
    This is my opinion and not legal advice.

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    • #3
      1 ) My question is can i resign Company A now and stay here in USA legally(with H1B Receipt) until i get H1B Approval?
      >>> You cannot do that. Until the H1B gets approved, you will remain in L1 status and you need to maintain the L1 status by working for the L1 employer and getting paid.

      2 ) For instance if i resign and stay here waiting for approval and if i get RFE and H1B Processing got delayed ,how long can i wait for approval by staying here and be without company A.
      >>> Read answer 1. You cannot quit and stay at home. L1 or H1B status doesn't allow that. You will go out of status on L1 if you do that.

      3 ) If my H1B Approval get delayed, the client of employer B who has provided client letter etc for H1B will withdraw my job offer. In that case what is the impact on my H1B. if H1B approved with that client letter,can i start working for any other client through employer B once i get H1B.Is that Legal. Can i join other client(who did not provide client letter with which i got H1) immediately after getting H1B.
      >>> If there is a chnage in the work location or a the client, then an H1B amendment need to be filed.


      There is a premium process (additional $1000) that will get you the result in 15 days. As mentioned n the previous reply, it is never advisable to quit the L1 employer until the H1B gets approved.
      Not a legal advice. Use of this information is strictly at your own risk.

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