L1-H1B pending , question on staying in usa

[chmih1b]

Hi All..

I am one of those who applied for H1b COS this year and still waiting for the approval. Current status is L1 valid until 2009 Sept.

I am wondering if I resign from my L1 providing company on 30 Sept and just stay in USA on the basis of pending H1b approval or this will be called illegal stay ? How long am I allowed just to stay in USA ? anything written on this by immigration dept ?

I would like to give my company atleast a week's notice if not 15 days instead of getting approved on 30 sept and resigning on last day.

I am assuming that if I get approval before 1 Oct then 1 Oct is start date for my H1b while for approvals after 1 Oct, H1b start date is same day/date when h1b is actualy approved/status appearing on site. I am also surprised reading on some sites that some people did not see status changed on uscis site and approval was actually mailed by uscis. I want to know what exactly i s H1b start day for approvals after Oct 1 and what if status is not updated on uscis site and approval was mailed to employer but employee were still working for L1 providing company due to pending approval...

[txh1b]

Yo have to also consider that you would have accumulated illegal presence if the H1b gets denied. Would you want to be in that situation? The choice is yours!

[chmih1b]

Yo have to also consider that you would have accumulated illegal presence if the H1b gets denied. Would you want to be in that situation? The choice is yours!

Thank you

so is it not legal to stay till pending approval ? if it is legal still it is called illegal presence ?

what is the solution to this issue because if I just keep on waiting for pending approval after 1 Oct and make a mistake to work on L1 while due time lapsed I come to know that I am approved somewhere after oct 1 but come to know after a week or so...

[txh1b]

Once you see the COS approval, resign from L1. Who cares about the L1 company anyway or the notice period.They cannot force you to stay as having you work would mean they are employing someone illegally after a COS which has a lot of penalty.

It is NOT illegal to stay on a pending application. I asked you think of the situation if the petition gets denied, which isn't a rare occurrence after all.

[chmih1b]

Once you see the COS approval, resign from L1. Who cares about the L1 company anyway or the notice period.They cannot force you to stay as having you work would mean they are employing someone illegally after a COS which has a lot of penalty.

It is NOT illegal to stay on a pending application. I asked you think of the situation if the petition gets denied, which isn't a rare occurrence after all.

Thank you again..

so it is considered illegal staying on pending approval only if it gets denied . got it.

but I am still worried as I read in other posts it would be illegal to work on L1 when h1b is approved. Is it right that H1b start date is day/date when status on site changes after 1 Oct.

but if status does not change and I come to know long after approval..ohh H1b was approved long time back...am I not penalised for this illegal work in future visa applications ?

Thank you once again..

[txh1b]

If H1b gets approved after Oct 1st, the start date will be the date of approval only and not prior to that.

Going purely by the books, if you work on L1 past the H1b approval date of a COS, you could be penalized. But one does not know if the COS was approved or if it was just the H1b approval without a COS until the employer/lawyer gets the approval notice. Talk to your lawyer as to what their opinion is.

Good Luck!

[chmih1b]

If H1b gets approved after Oct 1st, the start date will be the date of approval only and not prior to that.

Going purely by the books, if you work on L1 past the H1b approval date of a COS, you could be penalized. But one does not know if the COS was approved or if it was just the H1b approval without a COS until the employer/lawyer gets the approval notice. Talk to your lawyer as to what their opinion is.

Good Luck!

Thank u very much...txh1b