L1B to H1B COS (Notice to L Employer?)

J

JayBharat

New Member
Hi,
I need an advice on this problem.

I am in USA on L1B and my wife on L2 with EAD and working. We both filed H1 through her employer then got it approved for both of us. Now my H1B employer is saying that my status will automatically changed to H1b on October 1st. We both got the I-797 with I-94 attached at the bottom.

I need to give notice to current employer for 15 days before I resign. Within that 15 days notice period, my L1 employer may call me back to India or can terminate me immediately.

I know that I cannot work with L1 employer after status is changed to H1. That clears that I cannot give notice on Oct 1st and work with L1 employer for notice period.

I have two options here.
I) Give notice on Sept 15th and serve L1 employer for notice period with risk
II) Give notice on Sept 30th and make that as the last day.

I have following questions with this regard.

1) If I don't give the notice for 15 days and just resign on Sept 30th, my L1 employer might not give me experience/relieving letter. Will I have any trouble while processing GC if I don't have the experience letter?

2) If I give notice on Sept 15th, my L1 employer can revoke visa. If L1 employer revokes visa, Is it their responsibility to take take us out of USA before revoking the visa, as we both will be out of status? My concern is that we don't want to be out of status for even a single day. I heard something like revoking visa is not easy, time consuming and generally employer do not do that. Is this true?

3) What should be the best time to give notice in this situation?

Please help with this matter. Your opinion is highly appreciated.
 
Stay in USA on L1-B until H1-B VISA activates

Hi,

More or less i also need same information but i am in little more sensitive position.

Here it goes:

I am on L1 VISA since 3 years and I have applied for H1-B with another employer and it got approved.

Since my company has no projects they want to send me back to INDIA with-in 2 weeks from now.

My concern is I dont want to go to INDIA and come back as it will incure lot of expenses for me and i feel it as risky about getting H1-B VISA stamped in INDIA (Though I might be wrong).

my questions:

1. How can i stay in USA till Oct 1st 2008 if my company wants to send me back to INDIA?

2. Can i stay in USA till Sep 30th 2008 if my company withdraws my L1 VISA since i have valid H1-B VISA approval?

3. How much time it will take for my company to withdraw my L1 VISA?

4. What should be the best time to give notice to my L1 company Sep 15th or Sep 30th?

5. In worst case, If I got to go back to INDIA at any case, Can i come back to USA before Oct 1st 2008? Can i go for stamping in INDIA before Oct 1st 2008?

I need help badly.

Thanks and Regards

-------------------------------------------------------------------------
I need an advice on this problem.

I am in USA on L1B and my wife on L2 with EAD and working. We both filed H1 through her employer then got it approved for both of us. Now my H1B employer is saying that my status will automatically changed to H1b on October 1st. We both got the I-797 with I-94 attached at the bottom.

I need to give notice to current employer for 15 days before I resign. Within that 15 days notice period, my L1 employer may call me back to India or can terminate me immediately.

I know that I cannot work with L1 employer after status is changed to H1. That clears that I cannot give notice on Oct 1st and work with L1 employer for notice period.

I have two options here.
I) Give notice on Sept 15th and serve L1 employer for notice period with risk
II) Give notice on Sept 30th and make that as the last day.

I have following questions with this regard.

1) If I don't give the notice for 15 days and just resign on Sept 30th, my L1 employer might not give me experience/relieving letter. Will I have any trouble while processing GC if I don't have the experience letter?

2) If I give notice on Sept 15th, my L1 employer can revoke visa. If L1 employer revokes visa, Is it their responsibility to take take us out of USA before revoking the visa, as we both will be out of status? My concern is that we don't want to be out of status for even a single day. I heard something like revoking visa is not easy, time consuming and generally employer do not do that. Is this true?

3) What should be the best time to give notice in this situation?

Please help with this matter. Your opinion is highly appreciated.[/QUOTE]
 
To save your L1 vis, you need to go out of the US before Oct 01 and come back after Oct 01.
This way you can work with L1 employer after Oct 01.

After Oct 01, you can file an amendment with USCIS through your H1 employer to start work on H1B.

Or you can go out of the US, resign from L1 company , get your H1B stamped and come back to the US to work on H1B.
 
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