L1B to H1B conversation query

[Poojareddy70]

Hello there,

One of my friend (who is currently in US) recently got his L1B transferred to H1B and he got the H1B visa got approved and his i94 is also extended*

for another 3 years. He is seeking following information:

**1. His current employer says that as he got his H1B approved, he cannot work with the current employer. Cant we server 2 weeks of notice period*
with the current employer ?*

**2. The joining date with his next employer is after two weeks, he has the i94 got renewed for next 3 years, can he legally stay in US until he joins his*
employer (after 2 weeks) ?

Appreciate your quick help!!

Thanks,
Pooja!

[raghvi]

Hello there,

One of my friend (who is currently in US) recently got his L1B transferred to H1B and he got the H1B visa got approved and his i94 is also extended*

for another 3 years. He is seeking following information:

**1. His current employer says that as he got his H1B approved, he cannot work with the current employer. Cant we server 2 weeks of notice period*
with the current employer ?*

**2. The joining date with his next employer is after two weeks, he has the i94 got renewed for next 3 years, can he legally stay in US until he joins his*
employer (after 2 weeks) ?

Appreciate your quick help!!

Thanks,
Pooja!

When is the Employment Start date as per the H1 petition? Ideally your friend Should not work with L1 employer from H1 employment start date. USCIS doesnt recognize "Notice Period" . One should typically request for the employment start date to accomodate this.

When you say joining date is after 2 Weeks does it mean his I-94 is effective only after 2 Weeks? In that case he can work for the H1 employer only from that date. If his L1 I-94 is valid till that date he can stay here and work with his employer and also serve his notice period.

This is my opinion not legal advice.

[Poojareddy70]

Reply

When is the Employment Start date as per the H1 petition? Ideally your friend Should not work with L1 employer from H1 employment start date. USCIS doesnt recognize "Notice Period" . One should typically request for the employment start date to accomodate this.

When you say joining date is after 2 Weeks does it mean his I-94 is effective only after 2 Weeks? In that case he can work for the H1 employer only from that date. If his L1 I-94 is valid till that date he can stay here and work with his employer and also serve his notice period.

This is my opinion not legal advice.

================================
Detailed Case Status -

He got his visa approved on 11/29/12, resigned on 12/03/12 and relieved on 12/14/12
Next employer joining date is 12/24/12.
As per H1B, his start date is 10/01/12 however petition approved on 11/29/12.

Technically is he out of status from 11/29/12 (since it is L to H) ?

Do he need to ask his next employer to change the joining date early than 12/24/12 ?

Since it is out of status, what is the ideal duration for joining next employer in case of L to H conversion ?

Thanks for all your help.

Thanks,
Pooja!