L1B to H1B visa status change through COS method

[D508132836]

Hi

Currently i am working on L1B visa in US through company-A and i have applied H1B visa through COS method on Aug 2010 by company-B and currently it is under 'Initial' process and i am expecting H1B petition get approved by end of Oct 2010.

My question here is can i still work on L1B visa even though my H1B visa petition got approved through COS method? Any grace period/days i will get to move to H1b visa after my H1b petition got approved?

Please help me with your valid suggestions....


Note: L1B to H1B visa status change was applied through COS (Change of status) method not through CP method.

[shervin143]

My question here is can i still work on L1B visa even though my H1B visa petition got approved through COS method?
>>> No. COS means change of status. Once your status changes to H1B (new I-94 with the approval notice), you cannot work for the L1 employer (You need to be in L1 status to work for the L1 employer). You should immediately start working for the H1B employer. Any employment with the L1 employer beyond that point will be considered illegal unless you go out the country immediately and return back in L1 visa.

Any grace period/days i will get to move to H1b visa after my H1b petition got approved?
>>> There is no grace period. Read the above answer.

[D508132836]

Thanks for your quick reply.. You had mentioned that i have to immediately start workig fwith H1B employer and you also mentioned that i dont have any grace period.

So question here is

1. If i want to give notice (suppose 30 days) to my L1B employer then if i get time to give 30 day notice to my L1B employer?

2. Usually how COS system works? Is i will get some days to move out and relocate to the new H1B employer location means... suppose USCIS get respond to my petition and they will immediatly ask me to join to H1b employer from next day or I will get some days so that i can use that time to settle in my L1B employer formalities.

3. You have mentioned that i can still work on L1B visa if i leave US and re-enter. Suppose my H1B petition approved from Dec 01 2010, so it means i have to leave US before my H1B approval date starts i.e. Dec 01 2010? Which I-94 should I surrendor whether my L1B I-94 or H1B I-94 becuase i should have two I-94s with me one for L1b and one for H1B.

When can i again enter in to US under L1B visa? i.e. i have to enter in to US before my H1B visa approval start date i.e. Dec 01 2010 or I can enter even after my H1B visa approval start date?

Suppose If i have to enter US only after my H1B visa approval date i.e. Dec 01 2010 then what will be my H1B petition status? Is it will be cancelled?

If i have to enter in to US before my H1B visa approval date i.e. Dec 01 2010 then what will be my H1B visa petition status? In both cases my H1B petition get cancelled and i can not shift on to H1B later?

[shervin143]

1. If i want to give notice (suppose 30 days) to my L1B employer then if i get time to give 30 day notice to my L1B employer?
>>> No. USCIS doesn't care about that. That is between you and your employer. You need to be working on H1B as of the effective date of the H1B approval notice.

2. Usually how COS system works? Is i will get some days to move out and relocate to the new H1B employer location means... suppose USCIS get respond to my petition and they will immediatly ask me to join to H1b employer from next day or I will get some days so that i can use that time to settle in my L1B employer formalities.
>>> There is no such time. I am not sure what time are you asking for? If the effective date of the COS (Will be in your H1B approval notice) is say November 1st 2010, then starting Nov 1st 2010 you should be working for the H1B employer and getting paid to maintain your H1B status.

3. You have mentioned that i can still work on L1B visa if i leave US and re-enter. Suppose my H1B petition approved from Dec 01 2010, so it means i have to leave US before my H1B approval date starts i.e. Dec 01 2010?
>>> Yes. Leave before the H1B is effective so that you won't go out of status even for a single day on H1B.

Which I-94 should I surrendor whether my L1B I-94 or H1B I-94 becuase i should have two I-94s with me one for L1b and one for H1B.
>>> You should surrender all the I-94 before you leave the country. If you don't surrender the I-94's, then leaving the country and re-entering in L1B will not work as expected.

When can i again enter in to US under L1B visa? i.e. i have to enter in to US before my H1B visa approval start date i.e. Dec 01 2010 or I can enter even after my H1B visa approval start date?
>>> After the the H1B effective date. If your COS effective date is November 1st and if you leave the country and re-enter in October 30th, then again on Nov 1st your status will change to H1B which will put you in trouble. So re-enter after the H1B effective date.

Suppose If i have to enter US only after my H1B visa approval date i.e. Dec 01 2010 then what will be my H1B petition status? Is it will be cancelled?
>>> No, the petition will remain valid until the expiry date or until revoked by the employer. However, inorder to start working on the H1B again, you will either have to file a COS again and get it approved to work (2-3 months by normal process and 15 days by premium) or leave the country and re-enter in H1B visa.

If i have to enter in to US before my H1B visa approval date i.e. Dec 01 2010 then what will be my H1B visa petition status? In both cases my H1B petition get cancelled and i can not shift on to H1B later?
>>> Read the answers above. Re-entering before the H1B effective date will be of no use. Your petition will remain valid. But you cannot work for the H1B employer just when you feel like it. Read the previous answer to see what you need to do to work for the H1B employer.

[D508132836]

Thanks a lot!!

2. Usually how COS system works? Is i will get some days to move out and relocate to the new H1B employer location means... suppose USCIS get respond to my petition and they will immediatly ask me to join to H1b employer from next day or I will get some days so that i can use that time to settle in my L1B employer formalities.
>>> There is no such time. I am not sure what time are you asking for? If the effective date of the COS (Will be in your H1B approval notice) is say November 1st 2010, then starting Nov 1st 2010 you should be working for the H1B employer and getting paid to maintain your H1B status.


With the above clarification..my final question is...

My H1B petition got approved from Nov 01 2010 and due to my L1B company policy if i have to give 30 days notice and the same is accepted and agreed by my H1B company and my H1B company agreed to join on Dec 01 2010. So in this case the period Nov 01 2010 till 30 Nov 2010 i woked under illegal status?

If yes what will the complications? Where it impact?

[txh1b]

Thanks a lot!!

2. With the above clarification..my final question is...

My H1B petition got approved from Nov 01 2010 and due to my L1B company policy if i have to give 30 days notice and the same is accepted and agreed by my H1B company and my H1B company agreed to join on Dec 01 2010. So in this case the period Nov 01 2010 till 30 Nov 2010 i woked under illegal status?

If yes what will the complications? Where it impact?

USCIS does not care about company policy. It is illegal for your L1 company to employ you on L1 after a COS to H1b is processed. The notice period issue does not arise as the company will be violating the immigration law and so will you.

H1b company can give you time to join as they are not impacted by it. It is YOUR status at risk and your illegal employment will haunt you later on causing many sleepless nights.

[D508132836]

Thanks for your reply!

My L1B company dont know that i have valid H1B petition and i am working for them on illegal status.

If i dont have any option to leave my L1b company without notice period that what will be the best alternative/idea you suggest which will not have major impact to me?

If there are no other alternatives then what will be the impact? Where at all it will impact me (H1B extension,GC etc)?

[D508132836]

Thanks for your reply!

My L1B company dont know that i have valid H1B petition and i am working for them on illegal status. So by any chance my L1B company will know about my H1B?

If i dont have any option to leave my L1b company without notice period that what will be the best alternative/idea you suggest which will not have major impact to me?

If there are no other alternatives then what will be the impact? Where at all it will impact me (H1B extension,GC etc)?


Finally... My current position on my H1B petition is on 'Inital Process' status (applied on Aug 12 2010), usually howmany months it will take USCIS to take a decision to approve or reject?

In case if it get approved than usually when my approval date starts? Suppose USCIS officer reviewed my petition on Nov 01 2010 and approved then when will be my H1B approval date starts? Is they will give approval date immedialty or will give the approval date as future date suppose from Nov 05 2010? Becuase usually if anybody apply H1B then USCIS will give approval date from Oct 01 2010 but in my case it is alreay crossed so how USCIS will calculate my approval date?

Please reply..................

[shervin143]

My L1B company dont know that i have valid H1B petition and i am working for them on illegal status. So by any chance my L1B company will know about my H1B?
>>> Not unless you tell them. But USCIS will know about your illegal employment (from pay slips from L1 employer, W2 etc for the period you are not supposed to work on L1B) and that can cause a lot of trouble later.

If i dont have any option to leave my L1b company without notice period that what will be the best alternative/idea you suggest which will not have major impact to me?
>>> Leave the country immediately upon receiving the H1B approval and return back in L1 visa and continue to work for the L1 employer.

If there are no other alternatives then what will be the impact? Where at all it will impact me (H1B extension,GC etc)?
>>> Yes. You may also have issues when you go for stamping the next time.

Finally... My current position on my H1B petition is on 'Inital Process' status (applied on Aug 12 2010), usually howmany months it will take USCIS to take a decision to approve or reject?
>>> 2-3 months by normal process. If you upgrade it to premium (additional $1000), then you will get the result within 15 days.

In case if it get approved than usually when my approval date starts?
>>> The date that your H1B employer requested. They can either request an immediate start date or a date from now until 6 months in advance.

Suppose USCIS officer reviewed my petition on Nov 01 2010 and approved then when will be my H1B approval date starts? Is they will give approval date immedialty or will give the approval date as future date suppose from Nov 05 2010? Becuase usually if anybody apply H1B then USCIS will give approval date from Oct 01 2010 but in my case it is alreay crossed so how USCIS will calculate my approval date?
>>> Unless your employer requested the start date to be in future, it will be an immediate start date. Check with your employer.