Expired L1B Valid I94, New H1B

[Harris2R]

Hi,

My L1B visa got expired last year and i am currently in US on my I-94. I have processed new H1B for different employer which is valid from Oct.
My question is , Can I quit my current company this month (August) and join the new company from Oct ? Is it legal to stay here in US for one month without working?

Thanks,
Harris

[raghvi]

Hi,

My L1B visa got expired last year and i am currently in US on my I-94. I have processed new H1B for different employer which is valid from Oct.
My question is , Can I quit my current company this month (August) and join the new company from Oct ? Is it legal to stay here in US for one month without working?

Thanks,
Harris

No. You have to be in valid status till H1 start date. Also your H1 would have been approved as L1 to H1 Change of Status so you should be in L1 status till H1 start date. If you resign now you would no longer be in L1 status and would go out of status.

This is my opinion not legal advice.

[Harris2R]

No. You have to be in valid status till H1 start date. Also your H1 would have been approved as L1 to H1 Change of Status so you should be in L1 status till H1 start date. If you resign now you would no longer be in L1 status and would go out of status.

This is my opinion not legal advice.

Ragvi,

So even if I have a valid I-94 (Jun 2015), I cannot overstay after quitting the current company on september. is it?

Thanks,
Rajiv.

[raghvi]

Your L1 I-94 is tied to your L1 petition and to L1 employment. Merely having a valid I-94 without an underlying valid employment and petition will render you out of status.
Unless you are getting paid by L1 employer you would not be in L1 status. So on L1 and H1 even for a day if you are not getting paid for non genuine reasons you risk of going out of status.

Though USCIS generally takes a lenient view of being out of status for a few days, weekends and national holidays are ignored too, but not for a Month or so.

This is my opinion not legal advice.