L1B to H1B (COS) Resgination (TRICKY) - URGENT HELP ***********************

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Dear Experts and Experienced Readers

I am in very tricky situation where I don't know what will happen.... Here is my case simple to understand -

L1B (Employer "A") - I94 Expired "20th Aug 2013" - now on I797C (Extension pending case with USCIS as on today)

H1B (Employer "B") -Apporved with COS effective from "1st Oct 2013"

Got to know about approval last week through Employer "B" so - Employer "B" is asking to resign immediately and start from "1st Dec 2013" even ready to pay me on bench; hoping for placement during this period.


Q1. There is overlap of 2 months pay on L1; how this will taken care in future

Q2. What happen to my L1B extension and how new employer "B" can adjust this joining

Q3. Is that really matters to start on H1B from "1st Oct" since keeping a legal status/presence on one non-immigrant visa and once rolling over with new H1B emplpyer thorgh "I9" starting on "1st Dec" - so at any given time working on only one category of visa.


PLEASE SHARE YOUR ADVISE .... I have very less time to decide

 

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L1B to H1B GAP (AOS - Adjustment of Status)

Dear Expert and Experienced Readers


Not sure - with H1B COS .. a L1B employee must have to start on new H1B employer?????

If this is the case - there is significant delays in confirmation on H1B approval post Oct 1st and confirming any opportunity- How new H1B employer can fill the GAP of this joining or H1B employment will be effective from the actual date of joining?


I heard of 30/60 Days (AOS - Adjustment of Status) - this can be filled with USCIS informing the new H1B employee was working to fill the commitment with L1B assignment/ personal / doing joiing formalities between Oct and Nob?


PLEASE ADVISE

 

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Thanks Lisa.. here is my more details

When was L-1B extension filed? Shouldn’t you have had a decision by now?

Also, was your H-1B filed as a COS or consular processing? On your H-1B approval notice, is there an I-94? Was the COS approved because the L-1B was pending? If it wasn’t, what basis was a COS approved?

Technically, you might already be in H-1B status and you need to begin working for the new employer within 60 days of the start date.

Your employer, not you, worries about transitioning you to the new company.

I think you might want to speak with an immigration attorney. Employer B’s immigration attorney should be able to clear up any doubts for you.

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My I94/L1B Extension filled on 15th Aug 2013 and till today it shows Initial Review.

Now - as you said Technically I am on H1B then there is overlap of 60Days (currently on notice period - so I doubt about this 15Days payment by L1B) and my H1B as I know got to know approved during 1st week of Aug

Other hand, Employer "B" delebaratley hinding info on my H1B and asking me to jut relax and focus on client interviews.

Q. As you said 60Days may not be issue but what is the best way to answer this overlap so it will not counter question from USCIS/DOL.

Q. What happen if L1B extension got approved mean time?

Please advise.