L1b to h1b COS help

[rajeshp1986]

Hi All,

I was employed on L1 by company A. company B filed my H1b in 2015 and was picked up in the lottery. I was unable to return to India to get the stamping done(partly because I did not get the appointment in Chennai consulate during my travel to India and was unable to travel after that because of my L1 job).

Company B agreed to do a L1 to H1 Change of Status(COS). The COS was approved and I decided to resign at my current employer(Company A). My current employer is now asking me to travel back to India because I am on L1 and telling me that as per company policies I need to return to India and finish the exit formalities.

The problem I have is :

1) company B is waiting for me to join them, any further delay will result in revoking the offer from their side.
2) If I return to India, I need to go for H1 stamping and I am not getting interview slot for till 21st Jan 2017. I will end up loosing my H1b job offer as well by that time since they will hire someone else.
3) I am ready to serve the notice period and finish all my exit procedures from here.Can my current employer force me to return to India to finish my exit formalities.


Please help.

Regards,
Rajesh

[raghvi]

Hi All,

I was employed on L1 by company A. company B filed my H1b in 2015 and was picked up in the lottery. I was unable to return to India to get the stamping done(partly because I did not get the appointment in Chennai consulate during my travel to India and was unable to travel after that because of my L1 job).

Company B agreed to do a L1 to H1 Change of Status(COS). The COS was approved and I decided to resign at my current employer(Company A). My current employer is now asking me to travel back to India because I am on L1 and telling me that as per company policies I need to return to India and finish the exit formalities.

The problem I have is :

1) company B is waiting for me to join them, any further delay will result in revoking the offer from their side.
2) If I return to India, I need to go for H1 stamping and I am not getting interview slot for till 21st Jan 2017. I will end up loosing my H1b job offer as well by that time since they will hire someone else.
3) I am ready to serve the notice period and finish all my exit procedures from here.Can my current employer force me to return to India to finish my exit formalities.


Please help.

Regards,
Rajesh

An employment with L1 employer, beyond COS to H1 approval for another employer, is illegal so you should move to B and work for them and get paid by them as per LCA.

No employer can force you to do something which you don't want to. Yes, if you have signed for a specific notice period, you may still have to serve it, or pay compensation in lieu of the same, plus of course the hassle of trying to get the experience certificates and final settlement (gratuity/PF etc) without you being present in India. It all depends how the employment contract was worded.

In my opinion its best to be honest with A's HR and say that you are fine to pay compensation in lieu of the notice period (if mentioned in the contract) but cant currently go back to India. They may drag their feet on it, may threaten a breach of contract case, and in extremely rare case they may file it too but don't think it can hold much weight.

This is my opinion not legal advice.