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L1B to H1B transfer( serving notice period)

Discussion in 'Non-working nonimmigrant issues' started by monty_singh, Jun 5, 2011.

  1. monty_singh

    monty_singh Junior Member

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    Hello Folks,
    I require very urgent suggestions to one of my problems...
    Your help would be highly appreciated..

    I have been working for a consultancy firm for around 4 years and now on L1B visa working for an US client...
    I have plans to switch my visa Status from L1B to H1B. My current L1B expiry has still some time(Jan 2013) and i have been working in USA for past one and half years(multiple clients).
    Fortunately, I have sponsors who are ready to file for my H1B who are ready to start the processing asap so that I can get the H1B status in this October 2011.
    But the major concern is as below

    My current employer who had filed my L1B has a resignation notice period of 3 months which I may/may not(not sure) need to serve in my home country. I wish to serve that tenure as I would surely require my experience and relieving letters as I was with the firm for past 4 years.
    So my question are as follows
    1. When should I resign from my current employer so that i could serve my notice period of 3 months even if I need to go back to my home country during H1B transfer process.
    2. What complications may occur in my H1B filing and stamping processes if i have to serve my notice period in my home country during the H1B transfer processes.
    3. What would be the difference of me being in US during H1B transfer processes and me being in my home country serving my notice period.
    4. Till what time I can work in US with my L1B Status for my current employer, which means that can I hold two visas for a certain amount of time.

    Eagerly waiting replies on my concern.
    I would be highly obliged


    Thanks
    Monty
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: L1B to H1B transfer( serving notice period)

    You have two separate issues. The immigration issue deals with when you should file for H1B classification. My suggestion is that you do so as quickly as possible, in no event later than July 1st. That will give you three months before your new H takes effect. Since the USCIS is now taking substantially longer than that interval to process H1B petitions, you might want to consider premium processing. The second issue is a contractual one. You need to determine what your contract requires and whether it is enforceable.
     
  3. monty_singh

    monty_singh Junior Member

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    Re: L1B to H1B transfer( serving notice period)

    Hey Ron...
    Thanks a lot for your help.. and really i got clarity on my issue...
    But I have some more intermediate querries with regards to my above mentioned concerns...
    1. Lot of people said me even if I apply for H1 in US and if I go to my home country ..the possibility of me getting successful stamping is 50 / 50 ...So please advise me how should i map my resignation and my H1 filing process in US so that i dont have to go back to my home country
    2. Do I need to surrender my L1B before i could get my H1 processing started or can i hold both for specific period of time.
    I asked this question because i do not want that my H1 b processing to suffer because of my existing L1
    Eagerly expecting a reply

    Thanks
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: L1B to H1B transfer( serving notice period)

    The H and the L are entirely separate issues. You cannot hold both H and L status at the same time, but you can have valid H and L petitions at the same time. In that case, it would be up to you as to which you wish to use.

    As for the visa, it is impossible to predict the odds of success based on general data. A lot of people run into problems while many others have no problems at all when they apply for visas. Of greater significance are the specific facts of your case. For example, if you are working for a consulting company, placed at a third party site, then the odds are that you will have a more difficult time than someone who works in-house. If you work in a field that is on the technology alert list, and you don't have an export license, then the odds are are that you are going to have difficulty. If you are from a country that is associated with terrorism, or have lived in such a country, then the odds are that you will encounter a delay in your application process. It all depends on your unique facts.
     
  5. monty_singh

    monty_singh Junior Member

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    Re: L1B to H1B transfer( serving notice period)

    Hi Ron,
    I am very much grateful for all your answers from depth of my heart,as it has helped me tremendously to broaden my horizon about the Visa transition.
    Just want to conclude this thread with my last trivial question and it is as below
    I do work for a consultancy company currently with my L1B, but it has a huge presence in US with its offices all over US and globe and strength of about 100000 employees. But the company which has agreed to file my H1 is a consultancy company mostly based in US and work with its third party clients for whom we need to work when we join them.
    So my only concern is when I apply my H1 from my new company(go for stamping and all processes) when do my current company need to invalidate that L1 visa. I know u somewhat answered me this question in ur previous post but I just dont want to get in trouble with my current firm as they may behave nasty considering i am leaving them. I asked this question because lot of my colleagues described me that there can be an issue while getting your H1 transition smoothly as companies do not invalidate L1 that easily luring you to stay back.

    Thanks once again for all your time and its been great pleasure to have a conversation with you. I am highly highly and extremely obliged by your helpful responses.

    Thanks
    Monty
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: L1B to H1B transfer( serving notice period)

    If your L employer withdraws your L petition (as they are supposed to), any complaints the third party client might have would be with the employer, not you. You can't work if you don't have valid work authorization.

    As far as getting your new H visa is concerned, get as much evidence as you can find that you will be working at the third party site.
     
  7. monty_singh

    monty_singh Junior Member

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    Re: L1B to H1B transfer( serving notice period)

    Hi Ron,
    Thanks for all the answers you sent me before.. I have very few queries that i would like solutions to

    1. According to new H1B rules, what is the time that i should join the new employer once I get my h1B approved.
    2. Secondly once i get my H1B approved... how much time will it take to get H4 visa for my wife staying in usa or if she returns back to my home country


    Thanks
    Monty Singh
     
  8. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: L1B to H1B transfer( serving notice period)

    You must go to work for the H1B employer no later than 30 days following the approval of your change of status. Your wife may apply for change of status with you or go abroad and get an H4 visa.
     
  9. iaquil

    iaquil Junior Member

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    Re: L1B to H1B transfer( serving notice period)

    Hi Ron,

    Can you highlight on that 30 days time line. Is there any concrete rule which says that you have to join the H1b employer within 30 days? I am asking this because I have a similar situation where my H1B employer (direct client) is telling me to join from 1st October only else I would be non-complaint. But I am not sure, I can join either from 5th oct or from 15 oct, depending on my previous employer give me release.

    Will my new H1b will become void or have issue if I cannot join the new company on the date mentioned in H1B approval and join a week later?

    Can you please advice?

    regards
    Ims
     
  10. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: L1B to H1B transfer( serving notice period)

    The 30/60 day interval is taken from the Department of Labor LCA regulations, found at 20 CFR 655.731(c)(6)(ii)

     
  11. iaquil

    iaquil Junior Member

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    Re: L1B to H1B transfer( serving notice period)

    Hi Ron,

    Thanks for your response. Since I am currently on L1, so within that 30 days interval can I be employed with my present (L1 co). Suppose my H1b effective date is from 3rd Oct with Company A (who sponsered my H1b) but I want to start from 15 Oct and want to remain employed with my present co. until 14th Oct. Is that possible? Or technically from 3rd oct onwards my L1 becomes invalid since H1 becomes valid, so I cannot be employed with present company on L1 and I have to move to new company from 3rd oct.

    Any help is very much appreciated.

    Regards
    Ims
     
  12. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: L1B to H1B transfer( serving notice period)

    You have to start within 30 days of the start date given by the USCIS
     
  13. iaquil

    iaquil Junior Member

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    Re: L1B to H1B transfer( serving notice period)

    Thanks Ron,

    In between these 30 days, like for first 10 days can I remain employed with my present company (L1 co.) ?
     
  14. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: L1B to H1B transfer( serving notice period)

    Yes you can.
     
  15. Murthy_Hyd

    Murthy_Hyd Junior Member

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    Re: L1B to H1B transfer( serving notice period)

    Hi Ron,

    I am exactly in a similar situation, I have my L1 transferred to H1 with change of status and it got approved on May 15th 2011. But I am still working for my L1 company since 3 months after approval.

    I have no plan in moving to my H1 company, Since I am involved in a critical project and would have to stay for couple more months. Is that valid ?

    My L1 company is not aware of my H1.

    Thanks
    Murthy
     
  16. Murthy_Hyd

    Murthy_Hyd Junior Member

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    Re: L1B to H1B transfer( serving notice period)

    Hi Ron,

    I am exactly in a similar situation, I have my L1 transferred to H1 with change of status and it got approved on May 15th 2011. But I am still working for my L1 company since 3 months after approval.

    I have no plan in moving to my H1 company, Since I am involved in a critical project and would have to stay for couple more months. Is that valid ?

    My L1 company is not aware of my H1.

    Thanks
    Murthy
     
  17. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: L1B to H1B transfer( serving notice period)

    As far as the USCIS is concerned you only have work authorization for your H1B company. You should leave the country and then return in L status if you want to keep working for your L employer.
     
  18. monty_singh

    monty_singh Junior Member

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    Re: L1B to H1B transfer( serving notice period)

    Hi Ron,
    Thanks for all your help you have given to me for the L1 to H1 transition. I have another set of questions

    which I need to clarified. They are mentioned below

    1. I am currently on L1B with my current employer. My new employer are ready for file for new H1B, I would like to know

    that after I get H1B approval letter, can i instantly start working for my new employer. Is there any legal action that my

    previous(current) employer with whom i am on L1 with, can take against me?
    2. Request you to please help me to get the difference of filing a new H1B and change of status from L1B to H1B.
    3. My wife is on L2 dependent visa with me currently as I am L1. Can you please tell me that when can I apply for H4 visa

    for her?I meant can my new employer apply for my H1 and H4( for my wife )simultaneously or H4 can only be applied only i

    get H1 approval.
    4. As per my knowledge, I know that if my H1 is applied here in US i need not require stamping from my home country unless

    i visit my home country. But in case my spouse who will hold a H4 visa applied in USA, goes to my home country would she be

    able to come back to USA(after getting her visa stamped), while the principal H1 visa holder(which is me) is not stamped by

    the home country. I asked you this question because I do not plan to go to home country in near future due to my work

    engagements with new firm, but my spouse requires to go to my home country in near future.
    5. Currently I dont hold driving license as identification here in USA but I do hold my state id and ssn. Would like to

    know if this would cause any issues with my H1B processing.

    I would be highly obliged


    thanks and regards
    Monty
     
  19. neol1234

    neol1234 Junior Member

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    Re: L1B to H1B transfer( serving notice period)

    Hi,

    I seem to be in a similar situation, please can you clarify and comment.

    I have valid L1A from company A (valid till Jan 2013), I got a good opportunity from company B which I accepted, Company B filed a H1B for me. I have received approval notice for my H1B filed by Company B which is valid from 3rd Oct 2011.

    I resigned from Company A on 4th Oct 2011 giving them 2 weeks notice.

    But now company A is requesting me to stay back, they are offering me a GC. I am considering it. They are also telling me that my H1B status does not start until I join Company B hence my L1A status is fine enabling them for EB1 GC processing.

    Please can you confirm if

    1) My L1A is valid for now and that I can continue with company A?
    2) Is my current stay at Company A illegal?
     
  20. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: L1B to H1B transfer( serving notice period)

    You need to notify the USCIS that you are not going to accept the position with the new company and you are remaining with your original company.
     

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