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Hi,
Thank you for taking time out to help me out with some queries that I have for a friend. Please consider the scenario below:
My friend was was employed with company A and was working for them on an L1-B extension. His L1B extension had start dates from December 9, 2010 to December 8, 2012. Company A also had filed for an L1 to H1 conversion and he received an email confirming that his L1B to H1B conversion was completed successfully (despite an initial RFE) on February 19, 2012. He does not have the exact start and end dates nor the approval notice (I-797 for the L1-to-H1 from Company A) in his possession. Just before he resigned he also wrote to his previous employers to invalidate his L1B to H1B conversion but never heard back from them.
Meanwhile, he applied for a job with company B and they filed a new H1-B visa for him. His H1-B visa with company B was approved on February 7, 2012. His I-797 notice for Company B had a start date from February 27, 2012 to May 19, 2014. He resigned from company A on February 24, 2012, took a week long break with no employment in between and joined company B on March 5, 2012. He had to take a break because he had not received the H1B approval notice from company B and could not join them as he wasn't able to complete his I-9 verification which was a pre-employment requirement.
Requesting your help and expert guidance in answering the following the questions/concerns that he has:
1. Can he request his previous employer (Company A) to send him the I-797 approval notice for L1 to H1 transfer after 1 year of resigning?
2. Is Company A obliged by law to provide him his I-797 approval notice? If not, is there any other way he can procure the I-797? (e.g from USCIS etc)
3. Would it have been possible for employer A to invalidate the L1B to H1B conversion after it was completed? If yes, how soon could the request be invalidated?
4. From which date would the L1 to H1 transfer be effective? If he received an approval email on February 19, 2012 is it safe to assume he was on H1-B with Company A when he resigned?
5. He has been reading about L1-to-H1 transfer with I-94 approval and w/o I-94 approval? what is the difference?
6. From which date would his change of status from L1 to H1 take place?
7. If he was on an H1B when he resigned on February 24, 2012 from Company A would he be out of status during the period from February 25, 2012 to March 4, 2012? If yes, is there any way he can avoid being out of status for that period? He read somewhere that there is a period of 10 days of unemployment allowed in between joining a new company.
9. He plans to visit India in Dec-2012, would he be required to produce the L1-to-H1 transfer approval (I-797) from his previous employer (company A) during stamping of the H1-B visa by company B?
10. Can he legally possess two H1bs at the same time? i.e. the L1-to-H1 transfer H1-B from company A and the new H1-B filed by Company B ?
Requesting your help and guidance.
Thank you for taking time out to help me out with some queries that I have for a friend. Please consider the scenario below:
My friend was was employed with company A and was working for them on an L1-B extension. His L1B extension had start dates from December 9, 2010 to December 8, 2012. Company A also had filed for an L1 to H1 conversion and he received an email confirming that his L1B to H1B conversion was completed successfully (despite an initial RFE) on February 19, 2012. He does not have the exact start and end dates nor the approval notice (I-797 for the L1-to-H1 from Company A) in his possession. Just before he resigned he also wrote to his previous employers to invalidate his L1B to H1B conversion but never heard back from them.
Meanwhile, he applied for a job with company B and they filed a new H1-B visa for him. His H1-B visa with company B was approved on February 7, 2012. His I-797 notice for Company B had a start date from February 27, 2012 to May 19, 2014. He resigned from company A on February 24, 2012, took a week long break with no employment in between and joined company B on March 5, 2012. He had to take a break because he had not received the H1B approval notice from company B and could not join them as he wasn't able to complete his I-9 verification which was a pre-employment requirement.
Requesting your help and expert guidance in answering the following the questions/concerns that he has:
1. Can he request his previous employer (Company A) to send him the I-797 approval notice for L1 to H1 transfer after 1 year of resigning?
2. Is Company A obliged by law to provide him his I-797 approval notice? If not, is there any other way he can procure the I-797? (e.g from USCIS etc)
3. Would it have been possible for employer A to invalidate the L1B to H1B conversion after it was completed? If yes, how soon could the request be invalidated?
4. From which date would the L1 to H1 transfer be effective? If he received an approval email on February 19, 2012 is it safe to assume he was on H1-B with Company A when he resigned?
5. He has been reading about L1-to-H1 transfer with I-94 approval and w/o I-94 approval? what is the difference?
6. From which date would his change of status from L1 to H1 take place?
7. If he was on an H1B when he resigned on February 24, 2012 from Company A would he be out of status during the period from February 25, 2012 to March 4, 2012? If yes, is there any way he can avoid being out of status for that period? He read somewhere that there is a period of 10 days of unemployment allowed in between joining a new company.
9. He plans to visit India in Dec-2012, would he be required to produce the L1-to-H1 transfer approval (I-797) from his previous employer (company A) during stamping of the H1-B visa by company B?
10. Can he legally possess two H1bs at the same time? i.e. the L1-to-H1 transfer H1-B from company A and the new H1-B filed by Company B ?
Requesting your help and guidance.
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