What if L1B is revoked before COS H1B takes into effect

[sofia.jamun]

I am with company A on L1B and valid I94 till July 2015. Company B filled my H1B as COS and it got approved with effective from Oct 1, 2014. I am having 1 month notice period that I wants to serve for company A.

What will happen if Company A revoked my L1B before october 1 where my H1B is going to be in effect. I think as my I94 is still valid till next year, i can still be in US but without job. Does my understanding is correct?

[shashi_test123]

I also had similar issue..

How to overcome the gap between L1B and H1B

I am on L1B, my L1B Valid till September 30th 2014. I have valid approved H1B. It will be active from Oct1st 2014.

My Assignment is getting completed by Aug 31st, Can I resign on my last day of L1 assignment?

If I resign on Aug29th, Can I stay in USA ,and start working from Oct 1st on-words?

If I resign what will be my status from Sept 1st to Sept 30th 2014.

I came to know that H1B holder can stay legally from September 21st On wards i.e 10 Days before Oct 1st. Correct me if I am wrong.

How can i overcome this issue without going to India.

Shasi

[raghvi]

Why hijacking an existing thread?

[raghvi]

I am with company A on L1B and valid I94 till July 2015. Company B filled my H1B as COS and it got approved with effective from Oct 1, 2014. I am having 1 month notice period that I wants to serve for company A.

What will happen if Company A revoked my L1B before october 1 where my H1B is going to be in effect. I think as my I94 is still valid till next year, i can still be in US but without job. Does my understanding is correct?

While on L1/H1 you cannot be in US without getting paid. Even though you have a valid I-94, you go out of status if you are not getting paid. It will eventually show up in future immigration process such as GC so would say avoid going out of status . Negotiate with your employer to keep your payroll running till 30-Sep-2014.

This is my opinion not legal advice.

[sofia.jamun]

While on L1/H1 you cannot be in US without getting paid. Even though you have a valid I-94, you go out of status if you are not getting paid. It will eventually show up in future immigration process such as GC so would say avoid going out of status . Negotiate with your employer to keep your payroll running till 30-Sep-2014.

This is my opinion not legal advice.

Thank you Raghvi, Then my immediate two question.

1) I got to know that I can come to us 10 days prior to actual 1 October where new H1 stats will be in effect. Now this is for fresh H1 not sure this is applicable to me (COS)?

2) If point 1 is true, then I can resign on 20th of september and so I will be able to pursue my atleast 10 days of notice period. but I still have 20 more days from my notice period. Can I continue with L1 for another 20 days with company A and start working with company B after 20 days

Sorry for moving from the original question, but I am seriously in tough situation.

[raghvi]

Thank you Raghvi, Then my immediate two question.

1) I got to know that I can come to us 10 days prior to actual 1 October where new H1 stats will be in effect. Now this is for fresh H1 not sure this is applicable to me (COS)?

2) If point 1 is true, then I can resign on 20th of september and so I will be able to pursue my atleast 10 days of notice period. but I still have 20 more days from my notice period. Can I continue with L1 for another 20 days with company A and start working with company B after 20 days

Sorry for moving from the original question, but I am seriously in tough situation.

1. That is for entry into US. Since you are not going out of US it doesnt hold valid. The COS to H1 was approved considering the fact that you would be in valid status on 30-Sept-2014. But since you would not be the COS itself doesnt hold meaning.
2. No. The fact is if you are in US on 30-Sep-2014 and working , then on 01-Oct-2014 onward you must work for H1 company otherwise you would go out of status.

The best way would be to resign from L1 employer and serve the notice period, if at all they revoke the L1, which I doubt they would, then you leave US, go for H1 stamping and return to US on H1.

This is my opinion not legal advice.

[sofia.jamun]

Thank you Raghavi, It helped.

I have last question.

I read in my other post that "Only the USCIS can revoke your previously approved petition, not your employer". Is this true?

[raghvi]

Thank you Raghavi, It helped.

I have last question.

I read in my other post that "Only the USCIS can revoke your previously approved petition, not your employer". Is this true?

Well technically the employer can ask you to leave and you go out of status if they stop paying you, of course, subject to your employment terms with them.

This is my opinion not legal advice.

[shashi_test123]

sorry.. i thought both are related to same.i.e i have added my post under that.