L1B to H1B with COS - is there any grace period

[Jagan164]

Hi,

Currently i am working on L1B visa in US through Company A.

Few days back got any offer from Company B. Company B HR informed me that they will apply a new H1B and COS (later) . I didn't understand that correctly when HR said "LATER".

They mentioned the start date as OCT-17th in the offer letter. However I need to give at least 2 weeks’ notice period to Company A.

I am not in a position to give notice to Company A without H1B approval.

Now I am in a confusion..

I would like to know if there is any grace period in which I can give notice and work for company A after H1B gets approved for Company B.

Please help me with your valid suggestions....

Thanks in advance.

[kabkaba]

You must be working with A on the day B files H1 petition for it to be approved with change of status. OTherwise B's H1 petition will be approved without change of status and you will need to leave the US and return in order to work for B.
Is B a typical IT Consultant? They will face extra scrutiny in their petition and it may not be safe to join them without having H1 approval with change of status in hand.

[shervin143]

Ask company B to file the H1B as a COS from L1 with a future start date. If they are filing the H1B petition today in premium processing, then you will get a decision within 15 days (assuming there are no RFEs). So calculating that, if they request the start date to be November 15th of later, once the H1B gets approved, you will have time to serve the notice period and join employer B on Nov 15th. If they file the H1B under normal processing, then ask them to have the start date at least 3-4 months in the future from the date of filing.

If they file the H1B wiuthout COS, then the H1B petition if approved willc ome without a new I-94. You will remain to be in L1 status. Whenever you are ready to work for company B, you have to leave the country and return back in H1B petition and H1B visa.

[Jagan164]

Thank you

Thank you Shervin and Kabkaba.

[Jagan164]

L1B to H1B with COS - is there any grace period

Hi,

Company B applied for H1B with Start date : 17-OCT-2011 under Premium processing. They have told me to Join the company 2 weeks after H1B approval.

1. Is it Legal to work for Company A (for 2 weeks) after H1B approval ?

2. If not What issues I may face ?

3. Will USCIS Check my Employer after approval ?

4. Is there any Grace period for which I can work for Company A to serve Notice period ?

Please help

[shervin143]

1. Is it Legal to work for Company A (for 2 weeks) after H1B approval ?
>>> No. If the H1B gets approved as a COS (the approval will have an I-94 attached), then you should be working for the H1B employer as of the effective date. Any employment with the L1 employer after the H1B effective date is illegal employment and if you don't work for the H1B employer, then you will be considered as out of status on H1B.

2. If not What issues I may face ?
>>> You may face issues with future petitions, H1B stamping or GC process.

3. Will USCIS Check my Employer after approval ?
>>> Not sure what you are asking.

4. Is there any Grace period for which I can work for Company A to serve Notice period ?
>>> No. If you want to server notice period. you should have asked company B to file the petition with a future effective date (Say November 1st or 2nd week).