L1B to H1B conversion Urgent

[Rohan123]

I am currently in the US for about 2.5 yrs on an L1 B Visa. Due to the nature of the work visa I know that I cannot change my employer, but I have offers on hand with employers who are willing to process my H1B work visa so that I may join them on 10/01/2004. While I am comtemplating a job change I have these questions in mind and did not get clear answers for them in the past, hence would like to ask these question at your forum Please help.

1. Once my new employer applies for an H1B Visa and upon approval of the H1B Visa, what is the validity of my current L1B visa

2. My thinking currently is that on approval of the new H1B visa I will join my new employer on 10/1/2004, but due to XYZ reasons (any reason e.g. non-availabilty of project) I am able to join him only on 02/01/2005, then what happens to my current L1B visa and the employment status with my current employer(I will resign from my current job only when I am comfortable and at this stage I have received an H1B approval from a new sponsorer but have not joined him formally) will I be able to work as usual with my current employer and use the new H1B ( formally join the new employer) only when I want to e.g in Feb'05 or Mar'05 etc..

Can someone give me clarity on this, also is there any website which has details on such a situation.

 

[Jim Mills]

1. Once my new employer applies for an H1B Visa and upon approval of the H1B Visa, what is the validity of my current L1B visa.

It is valid until the approval or starting date of the H-1B, whichever is later.

2. My thinking currently is that on approval of the new H1B visa I will join my new employer on 10/1/2004, but due to XYZ reasons (any reason e.g. non-availabilty of project) I am able to join him only on 02/01/2005, then what happens to my current L1B visa and the employment status with my current employer(I will resign from my current job only when I am comfortable and at this stage I have received an H1B approval from a new sponsorer but have not joined him formally) will I be able to work as usual with my current employer and use the new H1B ( formally join the new employer) only when I want to e.g in Feb'05 or Mar'05 etc..

When the Service changes your status to H-1B, the L-1 is invalid. You are then under H-1B status. You may have XYZ reasons for not joining the new employer, but you CANNOT remain employed with the old employer once you begin H-1B status. When your status is changed to H-1B, your L-1 status terminates.

 

[h1b_user]

Please Anwer

Hi James,

Please anwer this question for me regarding your statement,

"When the Service changes your status to H-1B, the L-1 is invalid"

Does this mean visa stamping on the passport or the approval on H1B Visa ?

I would really appreciate ur reply

 

[mrs_71]

It is valid until the approval or starting date of the H-1B, whichever is later.



When the Service changes your status to H-1B, the L-1 is invalid. You are then under H-1B status. You may have XYZ reasons for not joining the new employer, but you CANNOT remain employed with the old employer once you begin H-1B status. When your status is changed to H-1B, your L-1 status terminates.

Dear James

In L1 status when we are handling a responsible position it is not easy or fair to come out a company just like that as soon as the H1B is approved with COS, we have to give proper notice period.

How to handle this situation. Pls advise