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L1 to H1 COS and changing employer

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  • L1 to H1 COS and changing employer

    Hello Mentors,

    First of all I would like to apologize if I am creating a repetitive thread. I tried searching answer for below questions but could not find a satisfactory resolution.

    I am working for employer A with L1B visa and I have already got a L1 extn. My Extended L1 is getting maxed out on 21-Dec-2011 and hence through my employer A, I filed for H1B conversion and it got approved and I have received the notice of action (I-797) with the new I-94 card.
    Effective date for my H1 is 01-OCT-2011 and it is valid through 07/2013.
    I have received a decent offer from company B and they are ready to transfer my H1 through premium process. Following are my questions.

    1) Can I resign before OCT 1st (on L1) and serve the notice period of my curent employer A?

    2) Can company B initiate, H1 transfer before effective date of OCT 1st?

    3) What would be the safest date to resign from employer A and join company B?

    4) Since, IT industry is unpredictable, assume a condition where in I resign from A after effective date and then B refuses employment in that case how many days can I stay in USA with no job until I find another?

    Thanks a ton in advance.

    Regards,
    RaguL

  • #2
    Originally posted by RaguL View Post
    Hello Mentors,

    First of all I would like to apologize if I am creating a repetitive thread. I tried searching answer for below questions but could not find a satisfactory resolution.

    I am working for employer A with L1B visa and I have already got a L1 extn. My Extended L1 is getting maxed out on 21-Dec-2011 and hence through my employer A, I filed for H1B conversion and it got approved and I have received the notice of action (I-797) with the new I-94 card.
    Effective date for my H1 is 01-OCT-2011 and it is valid through 07/2013.
    I have received a decent offer from company B and they are ready to transfer my H1 through premium process. Following are my questions.

    1) Can I resign before OCT 1st (on L1) and serve the notice period of my curent employer A?
    You can resign after B files their petition and gets a receipt.
    2) Can company B initiate, H1 transfer before effective date of OCT 1st?
    Yes, but their effective date cannot be before Oct 1.
    3) What would be the safest date to resign from employer A and join company B?
    Safest day to start work with new employer is when their petition gets approved with change/extension of status.
    4) Since, IT industry is unpredictable, assume a condition where in I resign from A after effective date and then B refuses employment in that case how many days can I stay in USA with no job until I find another?
    Technically zero days.

    Thanks a ton in advance.

    Regards,
    RaguL
    See above.
    This is my opinion and not legal advice.

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