Need guidance on L1 to H1 transfer

[Ashok27]

Hello,

I got my L1 to H1 COS approved. I am on L1 status through company A and now my fresh H1 applied through company B got approved from Nov1 2013.
My L1 visa is valid till Dec 2013.
1. Can I continue to work on L1 till Dec 2013 with Company A. will there be a problem to continue working on L1 for another month.
2. Can I go back to India and get the new visa stamped for H1 and come and join Company B.
3. will there be a problem while getting stamping for H1.
Please advise.
Thanks

[Nattybone]

Hello,

I got my L1 to H1 COS approved. I am on L1 status through company A and now my fresh H1 applied through company B got approved from Nov1 2013.
My L1 visa is valid till Dec 2013.
1. Can I continue to work on L1 till Dec 2013 with Company A. will there be a problem to continue working on L1 for another month.
2. Can I go back to India and get the new visa stamped for H1 and come and join Company B.
3. will there be a problem while getting stamping for H1.
Please advise.
Thanks

Hello, Ashok.

If your COS from L1 to H1 is approved, effective Nov 1, 2013. Then, does your L1 not expire on 31 Oct, 2013 for you to continue on L1? By not running H1B payroll for the month of Nov 2013, will your H1 not go Out of Status, and with it your stay in the USA?

Query 2) You do not need go to India to get an H1B stamp for continuing your stay in USA. Yes, should you leave the country now, you will need H1B stamp to re-enter.
Query 3) If you go out of status, then things can get difficult, otherwise, no challenges as such in getting H1B stamped.

Wishing you luck.

Cheers,

[raghvi]

Natty is right, if your COS to H1 for Company B has been approved from 01-Nov-2013 and you still havent started working for them you basically are accumulating out of status period. Further, your employment with L1 employer A is not valid too. You must either leave US or join B in order to maintain valid status.

1. No you cannot. You should have stopped working for A before B COS started.
2. Yes you can.
3. As long as you have to right paperwork (client letter etc) I dont see any issue.

This is my opinion not legal advice.