L1 to H1B Transfer (Worried!!!)

[dream_it]

Confused !! Worried !!

Hello Expertes

I am get confused over my L1B to H1B transition.

Working with Company 'A' with L1B extension is in process on I797-C reciept as (I94 is already expirted).
Filled H1B with Employer 'B' and it got approved and job placing is still under process (very delayed response from Employer B)

Company 'A' mandate to serve 1 month of notice period as I worked with them since begining for x years want to get my all formality completed to get all employement documents.

Q1 - Employer B is not giving any recipit # not telling my application is w/ COS or wo / COS apart from mail with approval and resume sharing.
How much I can delay (days) to start on H1B if not able to start on 1st Oct?

Q2. If w/ COS - If I would like to take U-turn and continue with current employer no matter what will be end result of L1B extension. How it can be handled and there will not mix up of L1B and H1B application at USCIS

Q3. If Employer "B" fails to give me job earliest, it will be good to continue with them on payroll on paper and looks for other opportunities with them.

Q4. what is the difference between - w/ COS or wo / COS?

Q5. Is my current employer comes to know about my other application?

Q6. Employer "B" can push to start early and cut short notice period, what will be the consequence in near future for Background checks and during Residentship applications

More search getting more confusion..!! Kindly Advice.

[kabkaba]

Confused !! Worried !!

Hello Expertes

I am get confused over my L1B to H1B transition.

Working with Company 'A' with L1B extension is in process on I797-C reciept as (I94 is already expirted).
Filled H1B with Employer 'B' and it got approved and job placing is still under process (very delayed response from Employer B)

Company 'A' mandate to serve 1 month of notice period as I worked with them since begining for x years want to get my all formality completed to get all employement documents.

Q1 - Employer B is not giving any recipit # not telling my application is w/ COS or wo / COS apart from mail with approval and resume sharing.
How much I can delay (days) to start on H1B if not able to start on 1st Oct?

-- Send a letter to them that they must inform you if your status is changing on Oct 1 or not. If they don't want to share that get their response in writing (or email).

Q2. If w/ COS - If I would like to take U-turn and continue with current employer no matter what will be end result of L1B extension. How it can be handled and there will not mix up of L1B and H1B application at USCIS

-- You can leave the US before Oct 1 and return after Oct 1. But since your L1 petition/Visa has expired, that will be complicated. It will be better if you can upgrade that to premium so that decision will be received before Oct 1. Since that will be the last decision (last action rule) your status will remain L1B in that case.

Q3. If Employer "B" fails to give me job earliest, it will be good to continue with them on payroll on paper and looks for other opportunities with them.
-- 'Payroll on paper' is illegal and fraudulent. If your status is changing on Oct 1 you must work for B and they must pay you.

Q4. what is the difference between - w/ COS or wo / COS?
-- It just means whether you status will change or not. (change of status)

Q5. Is my current employer comes to know about my other application?
-- They will not know.

Q6. Employer "B" can push to start early and cut short notice period, what will be the consequence in near future for Background checks and during Residentship applications
-- Notice periods and such as Civil matters and those will make no difference to background checks and any other immigration applications.


More search getting more confusion..!! Kindly Advice.

See above.

[raghvi]

As your I-94 has already expired you have to first get L1 extension approved in order to have approval of a COS to H1.

You have to understand that while in US on work visa you have to maintain continuity of employment as well as I-94. Now as your I-94 has already expired, without first securing the approval of L1 I-94 extension your change of status to H1 will not be valid. In order for a Change of status to be effective, you first should be in valid status prior to H1 start date.

Assuming your I-94 expired on 01-Sep-2013, and H1 start date is 01-Oct-2013. Now the H1 will only be valid from 01-Oct-2013 if you are in valid status on 30-Sep-2014. You will be in valid status on 30-Sep-2013 only if you have a corresponding valid I-94 on that date and this will happen only if your L1 I-94 has been extended from -1-Sep-2013 onwards. So First worry about getting your L1 I-94 extended.

If your L1 extension is denied, you should leave US, get H1 stamping done abroad with Employer B or any other employer and return on H1.


1. As mentioned above no matter how much you delay, your move to H1 will not be valid without first securing an L1 extension approval.
2. There is no mix up, you have to first secure L1 extension and on that basis only your H1 COS will be valid.
3. You have no choice but to be with Employer A till L1 extension decision comes.
4. With COS means you are in valid status and you move to another status. Without COS means, you will have to go for fresh stamping outside US.
5. They may ask you to go back immediately.
6. Employer B start date can not be earlier than 01-Oct-2013, It doesn’t matter what start date of employer B is you have to first get L1 extension from A approved.

This is my opinion not legal advice.