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  • L1 TO H1 COS Issue

    Hi,

    I need some help on my issues with Change of status. I had my L1 valid till august 31st 2012 from Company A. Company A also filed my L1 extension on Month of August and Now extension status moved to RFE. I got some opertunity from Company B and they applied my H1 as COS month of June 2012. Now my H1 is approved from October 1st 2012. Please help me on my bellow questions.

    1. Since My H1 is valid from October 1st, Is it like i need to start working with Company B from Oct 1st only. is there any dead line that i can start work with company B at max.

    2.Currently i am working with Company A. Can i continue to work with Company A after October 1st for 1 -2 weeks. Is there any issues if i work for Company A after october 1st for 1-2 weeks. Is it going to affect my GC processing in future

    3.If i want to resign my current employer A, Can i put my resignation before 2 weeks from October 1st. As my l1 extension is on RFE ,Is there any chance that Company A can revoke my application within 2 weeks.

    4.Even if they revoked , Is there any possibilities that i can stay in USA till october 1st without working .

    Please help me on these above issues as soon as possible.

  • #2
    Originally posted by babunkhusi View Post
    Hi,

    I need some help on my issues with Change of status. I had my L1 valid till august 31st 2012 from Company A. Company A also filed my L1 extension on Month of August and Now extension status moved to RFE. I got some opertunity from Company B and they applied my H1 as COS month of June 2012. Now my H1 is approved from October 1st 2012. Please help me on my bellow questions.

    1. Since My H1 is valid from October 1st, Is it like i need to start working with Company B from Oct 1st only. is there any dead line that i can start work with company B at max.

    2.Currently i am working with Company A. Can i continue to work with Company A after October 1st for 1 -2 weeks. Is there any issues if i work for Company A after october 1st for 1-2 weeks. Is it going to affect my GC processing in future

    3.If i want to resign my current employer A, Can i put my resignation before 2 weeks from October 1st. As my l1 extension is on RFE ,Is there any chance that Company A can revoke my application within 2 weeks.

    4.Even if they revoked , Is there any possibilities that i can stay in USA till october 1st without working .

    Please help me on these above issues as soon as possible.
    Till when is your L1 I-94 with Company A valid ?

    1. You must work only with Company B from Oct 1 - 2012. Any employment with A is illegal.IF you want to work with A you need to go out of US and return back on A's L1/H1 petition.
    2. No grace period is allowed you need to work only with B from 01 Oct 2012. Also, technically unless your L1 extension with A is approved you are illegal and out of status since August 31 2012.
    3. It depends upon your contract/terms with current employer.
    4. Without your L1 extension approval you are out of status from 31st August. Advisable to upgrade L1 extension to premium in order to get quick response.

    When you go for your H1 stamping/GC processing USCIS might question you to prove that you were legal and in a valid status from August 31st 2012 to 01-Oct-2012. This will only be possible if you have a valid I-94 between August 31st and Oct 1st. You will get the same only if your L1 extension is approved.

    This is my opinion not legal advice.

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