L1 to H1 Change of Status

[kularavi]

Hi,

My H1 is picked up in lottery and it is yet to be approved. Replied to RFE on Aug 27 2015.

My current visa is valid till End of November. So i don't have issue in staying at US till November.

Questions are
1) What should i do if my Visa is not approved till First week of December? Should i go back to Home country immediately? What would happen to approval if i go to Home Country?
2) My h1 employer is different from L1 employer. My understanding is as soon as my H1 is approved, i should start working for new H1 employer immediately on day1? Can i serve a notice period of 2 weeks?
3) From the h1 approval day, till i find a client, can i stay jobless for few weeks?
4) My H1 employer suggests me that there is a grace period of 2 months before joining them. So i can continue to work for L1 employer and resign after i find a client. To avoid any legal issues, my H1 employer suggests that i should send a letter to them stating my joining is delayed


Appreciate your reply!

Thanks

[shervin143]

1) What should i do if my Visa is not approved till First week of December? Should i go back to Home country immediately? What would happen to approval if i go to Home Country?
>>> Yes, you should leave. You are not supposed to stay without a valid I-94. If you leave, then H1B (if USCIS decide to approve) will get approved for consular process.

2) My h1 employer is different from L1 employer. My understanding is as soon as my H1 is approved, i should start working for new H1 employer immediately on day1? Can i serve a notice period of 2 weeks?
>>> Nope. You should begin working immediately or you will go out of status on H1B. Your employment with the L1 employer post H1B approval (assuming you are in U.S at that time and the H1B gets approved as a COS from L1 - with a new I-94 attached) is illegal.

3) From the h1 approval day, till i find a client, can i stay jobless for few weeks?
>>> Nope. You will go out of status on H1B without payslips. You should get paid from Day 1. Check the below links.

https://www.immihelp.com/h1-visa-holder-responsibilities/

https://www.immihelp.com/h1-visa-holder-rights/

4) My H1 employer suggests me that there is a grace period of 2 months before joining them.
>>> There is no such thing. There are shady employer like these (mainly consultancy companies) who will mess up your status. You will be the one who will get into trouble with USCIS compared to them.

So i can continue to work for L1 employer and resign after i find a client. To avoid any legal issues, my H1 employer suggests that i should send a letter to them stating my joining is delayed
>>> You cannot work for the L1 employer post your H1B approval. They are asking you for the letter so that they can be on safer side if USCIS questions them later why they did not pay you while you were on H1B status. They are supposed to pay you from day 1 irrespective of whether they have work for you or not.

https://www.immihelp.com/h1b-visa-employer-violations-complaint-procedure/