Changing from L1 to H1, Complex situation

[puerthoughts]

Guys,

My friend is thinking of switching from his L1 visa to H1 and he is in very interesting situation. He has an offer from a company XYZ and they are willing to do his H1. He is working on L1 with company ABC. If he gets his H1 rejected he wants to keep his L1 status with the company ABC. He has to give one month notice to the company ABC before he leaves. Here are the questions:

1. When he should apply for the H1 ? Before giving the notice or after.
2. Can he give the notice right now and then keep working for ABC for one month even if his H1 is approved ?
3. Does his L1 gets automatically expired as soon as his H1 is approved ?

Please mention any other complecations that he has to look for this one.

Thanks,

 

[poppyjoy]

Ask your friend to do premium H1 processing with the new company and once the h1 is approved..ask him to give the notice and move to the new company.............There is no need to inform the current employer about your new move/resignation till you get your H1 approved.............


Just my suggestion...........

 

[puerthoughts]

Thanks Poppyjoy,

Do you think his L1 will be valid once the H1 is approved ? I guess that is the main question that is bothering me.

 

[desi3933]

May be suject to H1 quota cap

Guys,

My friend is thinking of switching from his L1 visa to H1 and he is in very interesting situation. He has an offer from a company XYZ and they are willing to do his H1. He is working on L1 with company ABC. If he gets his H1 rejected he wants to keep his L1 status with the company ABC. He has to give one month notice to the company ABC before he leaves.
one month notice. That's strange.
Here are the questions:

1. When he should apply for the H1? Before giving the notice or after.
He can't give notice before approval. If for some reason, H1 is not approved then what happens. He should give notice after H1 approval or 30 days before H1 start date. H1 start date could be Oct 1st, 2007.

2. Can he give the notice right now and then keep working for ABC for one month even if his H1 is approved ?
Check with attorney. Usually a person has 30 days to start working for H1 employer after approval.

3. Does his L1 gets automatically expired as soon as his H1 is approved ?
L1 status, NOT the L1 visa. In order to get back on L1 status, either he needs to re-enter USA or apply for change of status.

Please mention any other complecations that he has to look for this one.
L1 to H1 status may be subject to H1 quota cap if he is not on H1 status in last 6 years or it is his first time for H1. The start date could be Oct 1, 2007 if he applies now.

Thanks,

Good Luck.

 

[puerthoughts]

Thanks Desi3933,

He has been on the H1 before so i think he will not have to wait for the quota. Your answers are very informative and to the point. Thank you very much.