L1B to H1 -- Urgent

E

erken

New Member
Hi, Currently I am on L1 with company A. Company B has filed my H1 and it is approved with COS. My H1 is effective 1st Oct'07.

1. My employer said I need to get my H1 visa stamped within 60 days. Till now I have not got a project and I am still on L1B Visa. I am going to India on 18th Nov'07. While coming back from india, I will get my H1 visa stamped. Can I resign from Company A and go back to India on 18th Nov'07 and join company B after coming back on 3rd dec'07? If I resign and go, Will there be a problem?

2. I have also heard that I need to be on company B's payroll within 60 days from effective date i.e. 1st oct. Pls confirm. If this is true, then I will have to join company B before going to India.

Thanks.
 
1. I don't think it will be a big problem but strictly speaking you had to start working for Company B on October 1, if your COS was in fact approved before that date. If the Consulate asks for pay stubs as evidence of existence of your employment with Company B, you may have some explaining to do.

2. Yes. The 60-day rule was intended to prevent employers from not paying prevailing wage to H-1B employees, even in the employment is not in active state. It's more like Company B HAS TO start giving you a paycheck even if they do not have a project to give you.
 
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