H1B query

[syspine]

Hi,

I am currently working on L1B (company A) and my H1B (company B) is approved with counsellor processing. I dont want to join H1B company now. I may join in different company (company C) in Feb 2010.

1. In case company B revokes my petition, can I still work for comapny C?
2. If I can switch to company C, Is it possible to have L1 to H1 COS and what is the processing time?
3. Is it a rule to have job on H1b within 6 months since I have approved petition?

Please help. Thanks in Advance.

[txh1b]

Read the H1b FAQs.

1. Yes. The cap number that you have remains with you. You need proof of approval though. Company C needs to have a H1b approval for you before you begin work.
2. Yes. Anywhere between 2-6 months. Have to begin work as soon as COS is approved and continuing to work on L1 is illegal after COS approval.
3. What is this special rule? There is no such rule. You have a job and that is why the H1b was approved. Without a job, a H1b cannot be approved and shouldn't be filed. Project or not, once on any empolyment based visa, one needs to be paid all the time to maintain status.

[syspine]

H1B query

Thanks txh1b for the quick reply.

Since L1 to h1 COS is unpredictable I can not leave L1 job same day and join H1b employer. I may need 1 week notice for the current employer (L1 company). In this case my stay on L1 from the COS approval is illegal, correct? Is there any way around for this problem, I mean can I get the some grace period on L1 after L1-H1 COS approval?

[syspine]

H1B query

I have one more query:
I have copy of I797 and not the original. Do I need the original for L1-H1 COS?

Thanks.

[txh1b]

Copy would do.

[syspine]

Thanks txh1b for the quick reply.

Since L1 to h1 COS is unpredictable I can not leave L1 job same day and join H1b employer. I may need 1 week notice for the current employer (L1 company). In this case my stay on L1 from the COS approval is illegal, correct? Is there any way around for this problem, I mean can I get the some grace period on L1 after L1-H1 COS approval?

[txh1b]

No work around. As soon as you see the online case status change, give resignation and a week may be fine till the time till the notice gets to the employer. However, on paper, it is illegal. Practicality is questionable nevertheless.

[syspine]

thanks a lot txh1b

[syspine]

Will this illegal status count for GC processing? Is it possible to explain this period with any proof (like email of resignation)?