L1 to H1 transfer (joing after start date)

[myvisa2006]

L1 to H1 transfer (joing after start date)

Hi,

I am in currently on L1B and Valid upto 15 Aug 2007. I think similar questions are asked in this forum, but my case is bit different. Please read.

1) I am currently on L1 visa with X company.

2) I wanted to switch my current company X and applied for H1 visa via company Y (2006 quota.(Fresh))

3) Company Y while filing has given a start date of 1st-oct-2005

4) Now my H1 approval may come any day. Till now I have not given any notice to company X.

There are two questions now.

i) If the written approval comes towards the last part of 1st week of oct-05, when should i join?
ii) If the online approval is done and written approval comes in last week of sep-05, when should I join?


For the above 2 conditions, doesn't the USCIS/INS understand, we have to give at least a notice period of 2 weeks to company X and join company Y after that. So If I joined company Y during 2nd or 3rd week of oct-05, will there be any issue related to my status?

Your valuable response holds so much importance to me.

Thanks in advance,

Regards,
James

[myvisa2006]

Someone pls. reply...
This forum has helped so many and I am soughting for help this time...

[veena_swsh]

Hi James,
If your H1B is filed along with a petition to change status, i.e, if you get a new I94, then you will have to start working for H1B employer as soon as you get the approval. Since you are already in the US, the start date of 1st Oct. will not apply to you. That is only for those who come from abroad.
But if the H1B petition is filed as a fresh petition, that requires stamping on your passport, then it is suggested that you get the stamping, re-enter US and then start working on the H1B petition.

[myvisa2006]

Thanks a lot Veena,

I am in US and it’s a change of status case from L1 to H1.
>>Since you are already in the US, the start date of 1st Oct. will not apply to you.
<<James>> What do you mean here? Petitioner has to give a start date. If the H1 approval receipt reaches us after 1st oct-05, when should one join?
Should he join the next day which may not be possible?

Waiting for your response.

[veena_swsh]

Hi James,
Since you are already in the US on a work visa, the AC 21 and portability provisions can apply to you, which entitles you to join the H1B petitioning company when they file for your H1B, even without approval coming through. Please do verify from an attorney.

[myvisa2006]

Hi Veena,

I had checked with attorney earlier and joining new employer after just filing H1 is not possible. You need to wait for H1 approval to join new employer.

Tanmaya