Urgent !!!!!! L1B to H1B 2016

[coolbuzz20]

Hi,

Need an urgent advice. came on L1B Visa through Employer A and valid till 9/2016. This year found a consultant Employer B who sponsored for H1B. Got picked up in lottery and also approval notice came with the start date of 10/1/2015.

Now the question is when to resign from the current employer.
a) Should I wait until Oct 1 when my status changes from L1 to H1 . Can I resign on Oct 1 for 10 days and start with the new employer from 10 Oct 2015. Is that possible and will USCIS not question of working on L1 from Oct 1.
b) Other option which I am considering is to give notice before H1 becomes effective. But here the risk is that the current employer can terminate the employment and send me back to India. Please advise as I need the experience letter which would be required for GC processing in the future. Thanks - Cool Buzz

[shervin143]

a) Should I wait until Oct 1 when my status changes from L1 to H1 . Can I resign on Oct 1 for 10 days and start with the new employer from 10 Oct 2015. Is that possible and will USCIS not question of working on L1 from Oct 1.
>>> As of Oct 1st your status will change to H1B and you cannot work for the L1 employer. If you want to continue working for L1 employer, then leave U.S before Oct 1st and return back in L1 visa post Oct 1st which will put you back in L1 status.

b) Other option which I am considering is to give notice before H1 becomes effective. But here the risk is that the current employer can terminate the employment and send me back to India. Please advise as I need the experience letter which would be required for GC processing in the future. Thanks - Cool Buzz
>>> Yes. Experience letter is needed for filing GC. If your employment is terminated before Oct 1st, then you will have to leave U.S to avoid out of status. If you leave, you will have to get the H1B visa stamped to return back in H1B status. If the out of status period is minimum, then USCIS can overlook that gap (Post Sept 21st you should be okay). So plan your resignation accordingly.

[coolbuzz20]

Thanks Shervin for your reply.

So looking at the below answer there is no way I can stay on L1 after Oct 1. If I need to stay I need to go out of US and re-enter with L1.

Could you please let me understand what you mentioned below - Post Sept 21 you should be okay. Does that mean I can resign after Sept 21. What if they send me back to India once I resign. I want to keep the notice period bare minimum to avoid any issues with my status and join the new employer on Oct 1. What is the bare minimum days which USCIS would overlook the gap..

Can you please advise

Regards Cool Buzz

a) Should I wait until Oct 1 when my status changes from L1 to H1 . Can I resign on Oct 1 for 10 days and start with the new employer from 10 Oct 2015. Is that possible and will USCIS not question of working on L1 from Oct 1.
>>> As of Oct 1st your status will change to H1B and you cannot work for the L1 employer. If you want to continue working for L1 employer, then leave U.S before Oct 1st and return back in L1 visa post Oct 1st which will put you back in L1 status.

b) Other option which I am considering is to give notice before H1 becomes effective. But here the risk is that the current employer can terminate the employment and send me back to India. Please advise as I need the experience letter which would be required for GC processing in the future. Thanks - Cool Buzz
>>> Yes. Experience letter is needed for filing GC. If your employment is terminated before Oct 1st, then you will have to leave U.S to avoid out of status. If you leave, you will have to get the H1B visa stamped to return back in H1B status. If the out of status period is minimum, then USCIS can overlook that gap (Post Sept 21st you should be okay). So plan your resignation accordingly.

[raghvi]

Thanks Shervin for your reply.

So looking at the below answer there is no way I can stay on L1 after Oct 1. If I need to stay I need to go out of US and re-enter with L1.

Could you please let me understand what you mentioned below - Post Sept 21 you should be okay. Does that mean I can resign after Sept 21. What if they send me back to India once I resign. I want to keep the notice period bare minimum to avoid any issues with my status and join the new employer on Oct 1. What is the bare minimum days which USCIS would overlook the gap..

Can you please advise

Regards Cool Buzz

There is no bare minimum a such , it all depends upon the officer who looks at your case in future. They may ignore a 7-10 days out of status.

I fail to understand how your employer would pack you off the next day you resign, after all there would certainly be some transition that they would need you to do, unless of course you are on bench or performing a non critical role. Also, you are entitled to a one way ticket back home if they ask you to leave and cost wise it wouldnt make sense for them to book an immediate ticket.

This is my opinion not legal advice.

[coolbuzz20]

Hi Raghvi,

I get your point.
So there are two options :

1. Resign at least 10 days prior to Oct 1
2. Resign on Oct 1 and join the employer after a week or 10 days in Oct .. I dont want to jeopardize the future GC processing if I am out of status from Oct 1

Any thoughts on the same ?

There is no bare minimum a such , it all depends upon the officer who looks at your case in future. They may ignore a 7-10 days out of status.

I fail to understand how your employer would pack you off the next day you resign, after all there would certainly be some transition that they would need you to do, unless of course you are on bench or performing a non critical role. Also, you are entitled to a one way ticket back home if they ask you to leave and cost wise it wouldnt make sense for them to book an immediate ticket.

This is my opinion not legal advice.

[raghvi]

Hi Raghvi,

I get your point.
So there are two options :

1. Resign at least 10 days prior to Oct 1
2. Resign on Oct 1 and join the employer after a week or 10 days in Oct .. I dont want to jeopardize the future GC processing if I am out of status from Oct 1

Any thoughts on the same ?

Option 2 is out of question as its illegal to work for L1 employer once h1 status is active. So your best bet is option 1.

This is my opinion not legal advice.