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  • L1 to H1 Transfer

    Hi,


    I am working on L1B valid till Feb 2012. My I-94 is expiring in Dec 2011. I am planning to file for H1B.

    Before my H1 gets approved if I resign from my current company can I legally stay in US, if so is there any grace period?

    Can I start working with new employer after getting EAC number?

    Also does my new employer need to apply for COS once H1B gets approved?


    Thanks,
    Raj

  • #2
    I am working on L1B valid till Feb 2012. My I-94 is expiring in Dec 2011. I am planning to file for H1B.

    Before my H1 gets approved if I resign from my current company can I legally stay in US, if so is there any grace period?
    >>> You cannot. There is no grace period. Either the L1 employer need to file the L1 extension so that you can continue to work for the L1 employer or the H1B should get approved before your L1 I-94 expiry date to work for the H1B employer.

    Can I start working with new employer after getting EAC number?
    >>> You cannot. The H1B should get approved with a new I-94 in order for you to work for the H1B employer.

    Also does my new employer need to apply for COS once H1B gets approved?
    >>> While filing the H1B petition, it can be filed as a COS from L1. The approval should come with a new I-94 which will put you in H1B status.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Ok, thank you for the reply.
      Can I stay beyond my I-94 expiry date for a week?

      Thanks,
      Raj

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