New H1B - Employer threatening

[Ganeshvittal]

Hi guys,

I have a quick question. I am currently working in US with L1B status. My visa is expired and my I94 is valid until 2015. Meanwhile one small desi consultancy agreed to file my H1B. I got the H1B petition approved but I haven't got any projects. I am actively looking for projects so that I can join the desi consultancy.

I am not sure, for some reason, this desi consultancy is urging me to join his company immediately. He says "As per USCIS guidelines you should join H1 job immediately after approval because L1 will not be valid anymore"

Is this true? I am ready to join the desi consultancy, but I want to join after getting a project. Not sure why this guy is urging me. Please advice. Thank you.

[raghvi]

Hi guys,

I have a quick question. I am currently working in US with L1B status. My visa is expired and my I94 is valid until 2015. Meanwhile one small desi consultancy agreed to file my H1B. I got the H1B petition approved but I haven't got any projects. I am actively looking for projects so that I can join the desi consultancy.

I am not sure, for some reason, this desi consultancy is urging me to join his company immediately. He says "As per USCIS guidelines you should join H1 job immediately after approval because L1 will not be valid anymore"

Is this true? I am ready to join the desi consultancy, but I want to join after getting a project. Not sure why this guy is urging me. Please advice. Thank you.

If L1 to H1 was filed as Change Of Status and is approved then you should join the H1 employer. Post COS approval your employment with L1 employer is wrong.

As for project, on what project basis was H1 approved? Whether the H1 employer has work or not they should pay you as per LCA otherwise you can complain to the DOL.

This is my opinion not legal advice.

[Ganeshvittal]

If L1 to H1 was filed as Change Of Status and is approved then you should join the H1 employer. Post COS approval your employment with L1 employer is wrong.

As for project, on what project basis was H1 approved? Whether the H1 employer has work or not they should pay you as per LCA otherwise you can complain to the DOL.

This is my opinion not legal advice.

Raghvi,

What do you mean by "L1 to H1 was filed as Change of Status". Sorry if my question is dumb. This H1 was filed based on some internal project within the desi consultancy itself.

What I thought was, once the H1 is filed and the petition is approved, the Employer B who filed my H1 will initiate COS and only then I come under the new employer. Please correct me if I am wrong.

[kabkaba]

If the H1 petition approval notice has an I-94 at the bottom, your status has changed from the effective date (Oct 1). You must join H1 petitioner from Oct 1.