L1 to H1 Resign Confusion

[dream_it]

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.

[raghvi]

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.

A Change Of Status from Status AA to Status BB is valid only if you are in valid status AA before moving to Status BB. Now in your case, you are not currently in valid L1 status as your L1 I-94 has expired, yes you do have a pending extension but that doesn't grant you valid L1 status. Unless your extension gets approved you would not be in L1 status. And if your L1 extension is not approved your L1 to H1 COS will not be approved/valid and you should leave US.

1. Seems fishy. As said earlier, if L1 extension is not approved your COS to H1 is not possible/valid. There is no question of delay to start on H1 as first you need valid L1 extension approval.
2. There is no mix up with application as it application is treated independently. What you do need to is to maintain continuous status.
3. No dont do that it will be illegal to do so and make situation more messy.
4. With COS means you have got a continuity of status and I-94. Example, you are on status L1 till 30-Sep-2013, and H1 is starting from 01-Oct-2013, and approved as COS with new I-94 that means Your status from 01-Oct-2013 automatically changes to H1 from 01-Oct-2013 and you should work with H1 employer to be in valid status.
Without COS means that you dont get a new I-94 and in order to move to H1 either go out of US get H1 stamping and return on H1 or file amendment to H1 petition.

5. They wont find out unless you tell them.

6. B employment can start only from 01-Oct or later provided their petition is approved.

With all this said, the first priority for you should be to get a L1 extension approval as without that you are not in valid status from I-94 expiry date onward and a COS to any other status would not be valid.

If L1 extension is approved, and then you want to work with B to file a L1 to H1 COS.
If L1 extension denied, then to leave US and go for H1 stamping with employer B's petition.

This is my opinion not legal advice.