L1A to H1B Please Help...

[vikranttyagi]

Hi currently I am on L1-A visa & I-94 is valid till Jan-08, through company A, now company project is over and they are transfering me back to their India branch on Dec-08.
But in May-06 Company B applied H1-B for me as Change of Status, we got an RFE on Sep-21 and Nov-21 USCIS received the requested documents and my processing is resumed.
Now company B is saying that I should resign from company A instead of going back to India as they filed as Change of Status, and when H1 approval will come I can join comapany B.
Now my questions are:-

If I resign from company A, then what will be my status, as I will not be joining company B untill my H1 approval comes?

Is that legal to stay here if my case is still pending?

If my case got denied then what are my options?

Thanks in Advance

 

[gunt]

technically as soon as you leave company A, your L1A will be invalid. Since you will not have an approved H1B, you will be out of status.

that being said, as long as you don't leave the country or company doesn't report you to the USCIS, no one would know that you are out of status. And considering that your H1B will be approved shortly you would hardly have acrued enough unlawful days to be of any consequence.

If you H1B was denied, you would be in big troubles as you would clearly be out of status. why don't you pay the $1000 for premium processing and get the H1B approved in 2 weeks or less? then you don't have to worry about all this stuff.

 

[vikranttyagi]

technically as soon as you leave company A, your L1A will be invalid. Since you will not have an approved H1B, you will be out of status.

that being said, as long as you don't leave the country or company doesn't report you to the USCIS, no one would know that you are out of status. And considering that your H1B will be approved shortly you would hardly have acrued enough unlawful days to be of any consequence.

If you H1B was denied, you would be in big troubles as you would clearly be out of status. why don't you pay the $1000 for premium processing and get the H1B approved in 2 weeks or less? then you don't have to worry about all this stuff.

Thanks for clearing my doubts,
But I have one concern, after my resignation from company A, wouldn't be my status as "Pending" instead of "Out of Status" as my H1 processing is going on through company B.

Thanks in Advance...