L1 to H1 transfer - Please Help

K

kya

Registered Users (C)
Hi,
I am on L1 right now, and also have new H1 processed valid from 1st oct with a different employer.

I have resigned from my present company with employment end date(fixed by the company) as 28th sept.

Now, as my H1 is valid only from oct 1st, but the current employment end date on 28th sept, does this mean that i am out of status for 2 days(29th-30th sept) OR is the L1 status is valid until the present employer cancels L1?

Thanks,
Gopal
 

Definitely you are not out of status. You are entitled to take vacation without pay. The 2 days or 20 days will be considered as your vacation.




kya said:
Hi,
I am on L1 right now, and also have new H1 processed valid from 1st oct with a different employer.

I have resigned from my present company with employment end date(fixed by the company) as 28th sept.

Now, as my H1 is valid only from oct 1st, but the current employment end date on 28th sept, does this mean that i am out of status for 2 days(29th-30th sept) OR is the L1 status is valid until the present employer cancels L1?

Thanks,
Gopal
Click to expand...
 
Opps.., i am even more confused now, two different answers...

Putting the question in other words,
While on L1, is there are grace period within which i have to find a employer if my employment for the company holding L1 terminates? I read it somewhere that there is a grace period of 30 days...
Please Clarify...
 
great guru said:

Definitely you are not out of status. You are entitled to take vacation without pay. The 2 days or 20 days will be considered as your vacation.
Click to expand...
he does not have employer-employee relationship anymore after Sep 28.
Based on your logic, one quits the company with 1 year and 11 months left on L1 and he can claim he takes unpaid vacation for 1 year and 11 months and his spouse(if he has) can keep working on L2 EAD during that period ?
Hmmm,, I don't think so.

There are a lot of H1 people who violates H1 requirement for short period of time, and in general, 2 days won't be an issue regardless of out of status or not.
 
GotPR? said:
Yes, you 'll be out of status for 2 days.
Click to expand...

Thanks for The qucik Reply GotPR,
Can you please help me with the implications of this?
Will this affect when I go out of country for H1 stamping?
And can it potentially affect the greencard processing in future?
 
Imagine this.

There are a lot of H1 people who got laid-off from the sponsor in economy downtime. As soon as they lost job, they were out of status, however, I have never heard that caused serious issue later on.it's not uncommon that someone has short period of out-of-status. As long as out of status period is not long, you should not have an issue. 2 days is short.(And it's weekend too :D ).
 
GotPR? said:
Imagine this.

There are a lot of H1 people who got laid-off from the sponsor in economy downtime. As soon as they lost job, they were out of status, however, I have never heard that caused serious issue later on.it's not uncommon that someone has short period of out-of-status. As long as out of status period is not long, you should not have an issue. 2 days is short.(And it's weekend too :D ).
Click to expand...

Thanks GotPR... This helps!
 
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