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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. my50Chicago

    my50Chicago Junior Member

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    Re: L1B to H1B transfer( serving notice period)

    Ron,

    Can you please confirm on my case? I want to know till when I can delay joining company B?

    Company A: My Current employer. On L1-B. Visa was valid till 01-Mar-13. I am in US from Aug-2012 (i94 Valid till 2015. Had to go to my country for 10 days before August and so got a new i94 valid till 2015)
    Company B: H1-B got approved through this company through COS on 23-Feb-2013. I came to know about the approval of H1-B on 8-Mar-2013 from Company B.

    I have read the 20 CFR 655.731 and feel it is 60 days for me and so I need to join company B before 23-Apr-2013. Please confirm.
     
  2. smd

    smd Junior Member

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    hi Ron,

    i got my H1 approval on oct 22 2013, and i still haven't landed a new job. How long, If i can,legally work for my existing company?
     
  3. harish kumar

    harish kumar New Member

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    Hi Ron,
    I know you have answered many question related to similar situation. Please review my situation and provide your feedback

    My change of status from L1b (company: A) to H1 (Company B) approved on December 17th 2011. USCIS approval notice date was December 17th 2011 (L1b to H1b COS), following two weeks was Christmas / new year week and both companies were closed for 2 weeks for a shutdown. Both companies re-opened on 3rd January 2012.


    I received hardcopy of approval notice on 3rd January 2012 evening, I resigned on January 4th (from Company A - on L1B status) and joined Company B on January 5th. I received salary till January 4th from company A.


    Planning to visit my home country, During my visa interview, is there any issue due to this two weeks overlap in change of status?

    Is there any document to capture these timelines to carry during visa interview?

    Request to review this situation and guide me
    Your guidance is highly appreciative...
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Generally speaking, that shouldn't be a problem.
     
  5. harish kumar

    harish kumar New Member

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    Thanks Ron for your feedback.
    If you have any suggestion or guidance during H1B Visa interview for COS is very helpful
    Thanks again
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    There is no interview for change of status.
     
  7. harish kumar

    harish kumar New Member

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    Hi Ron,
    Thanks for your input, I am planning to Visit India after gap of 5 years and change of status, Please review my situation and let me know if you see any risk in getting visa. This is related to my previous post on COS...
    I came to US in 2008 on L1B visa from company A, returned to India for vacation in 2011 and returned to US with L1 visa. After returning to US, I changed to H1B through company B in December 2011. Company B sponsor my GC and got I140 approved in 2013. After working for 1.5 years, using my approved I-140 changed to company C in 2014. Now I am working with company C. got my perm approved from company C and I-140 is approved
    I did not travel to India during all these process of transfer. I am working with Company C from last 1.8 years with approved H1B. I have petition approved till Nov 2016
    Is it safe to go to India and get visa stamped...
    Please provide your guidance
    Thanks for your support and help
     
  8. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Not knowing anything about your case, I can't begin to evaluate whether it is safe for you to return an apply for a visa. Nothing in the facts you wrote jumps out as problematical. Unless there is something else, you should be able to get a visa.
     
  9. harish kumar

    harish kumar New Member

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    Thanks Ron for your feedback...
    If I explain in straight lines,
    Came to US in 2008 on L1b and traveled back and came on l1b till 2011. Changed to H1b (COS) with 17 days overlap due to vacation and receiving hard copy of approval notice and got approved 1-140 from second company and again changed job based on approved I-140 and currently has petition till 2016 and approved i-140 from third company (full time, US based company). Going to Visa after 5 years
    My question was that with all these activities, is there any issue during visa approval in home country.
    Please let me know your thoughts
    Thanks
     
  10. Ron Gotcher

    Ron Gotcher Attorney at Law

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    And again, without personally reviewing all of the documents in the case, I can't comment on your matter specifically. You haven't written anything that jumps out at me as a problem, however.
     
  11. harish kumar

    harish kumar New Member

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    Thanks Ron..
    Will contact you after gathering all docs
     
  12. akokala

    akokala New Member

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    Hi Ron,

    I have a query related to L1 to H1B Change of Status. Currently i am working for Employer A with L1 Status (Visa validity till Dec 2017) and Employer B applied H1B with COS. It was approved on Jan 5th 2015. I understand that after H1B is approved i cannot work for Employer A on L1 status.

    My Dependants L2Visa is not applied for Change of Status. Does it create a problem

    If i want to work for Employer A, Can i travel back to my country and come back with the L1B Stamping which is on my passport? Will it create a problem?

    Please help me with this query.
     
  13. Santy

    Santy Guru

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    1. You can always work for Employer A on L1 regardless of H1 approval. You should discuss with your prospective employer about your joining date. Though you wont do it but you can discard your H1B and continue on L1 as long as you want and as long as your L1 validity is.
    2. Apply for their H4 if you plan to join on H1. Once you file for COS, you are good and safe.
    3. Why not? If you want to discard your H1B and want to continue then yes you can go out of Country and come back on L1 as long as you have a valid L1 stamping.
     
    Ron Gotcher likes this.
  14. akokala

    akokala New Member

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    Thanks for your reply.

    Want to understand how can work for Employer A on L1 when Employer B already filed H1B with COS and its approved on Jan 5th 2016? With in How many days i can leave the country and can come back on L1?

    Currently I haven't received the approval copy of my H1B from Employer B. and my dependents are on L2 Status? If i have to leave country after one week does it create problem for my dependents during the travel back to country?
     
  15. Santy

    Santy Guru

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    Let me explain you....
    If you plan to stay on L1:
    1. One or more employers can file H1B petition for you to become their employee but unless you join them, they all go waste and you have nothing to do with those H1B petitions.
    2. If you plan to work on L1 then you have your L1 and your dependents have L2, where is the problem? Go to India and come back on these stampings. Bring some sweets for me.

    If you plan to work on H1B:
    Scenario-1: If you plan to join the H1B employer before going to India:
    1. You can join but then you will have to go for H1B stamping and your dependents need to go for H4 stamping.
    Catch: you need to file H4 before joining the new employer to be on the safer side or send your dependents to India before joining and let them file H4 there and get the stamping. Also, your documents should be strong enough to get you the stamping.

    Scenario-2: If you plan to join after you are back from India then you can come back on L1/L2 but then you will have to apply for H4 before joining. Need to go for H1/H4 stamping whenever you go out of Country.

    Note: I am not a lawyer and that these are my personal answers based on my experience. You should definitely discuss your options with an attorney.
     
  16. Shwetav

    Shwetav New Member

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    Hi There,
    I would like know about your GC process, How did it go? Did you face any issue. Can you please let me know
     

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