L1B to H1 Change of status and complications

[bhagwat_shrikant]

Hi All,

I am deputed to USA by Indian Company A in Oct 16. So I am currently working on L1B in USA. I have Company B ready to file H1B COS for me immediately. So my questions are as below.

1. How much are the chances of denial of H1 Change of status.
2. If COS is denied, will there be any effect on L1 & current employment.
3. If H1 COS gets approved when can I join the company B? Will I have to wait till Oct 17? Or I can join immediately?
4. What is the best option to do, if COS is approved and company A is not ready to leave me?
5. If I get COS approved with new I94, am I legel to work with Company A to serve required notice period (May be 2 weeks)
6. When will the time to resign to company A during COS process? After LC approval? After on H1 approval & new I94 receipt?
7. Will I be able to switch from Company B to any other company after serving company B for certain period (lets say 2 months)? or is this COS for only company B and i get tied to company B as they will be my sponsor?
8. What precautions shall I take to go ahead with COS to not to harm my carrier opportunities in USA?

Thanks in advance.

[bhagwat_shrikant]

Hi All,

I am deputed to USA by Indian Company A in Oct 16. So I am currently working on L1B in USA. I have Company B ready to file H1B COS for me immediately. So my questions are as below.

1. How much are the chances of denial of H1 Change of status.
2. If COS is denied, will there be any effect on L1 & current employment.
3. If H1 COS gets approved when can I join the company B? Will I have to wait till Oct 17? Or I can join immediately?
4. What is the best option to do, if COS is approved and company A is not ready to leave me?
5. If I get COS approved with new I94, am I legel to work with Company A to serve required notice period (May be 2 weeks)
6. When will the time to resign to company A during COS process? After LC approval? After on H1 approval & new I94 receipt?
7. Will I be able to switch from Company B to any other company after serving company B for certain period (lets say 2 months)? or is this COS for only company B and i get tied to company B as they will be my sponsor?
8. What precautions shall I take to go ahead with COS to not to harm my carrier opportunities in USA?

Thanks in advance.

Anybody has any answer on above queries??

[raghvi]

Hi All,

I am deputed to USA by Indian Company A in Oct 16. So I am currently working on L1B in USA. I have Company B ready to file H1B COS for me immediately. So my questions are as below.

1. How much are the chances of denial of H1 Change of status.
2. If COS is denied, will there be any effect on L1 & current employment.
3. If H1 COS gets approved when can I join the company B? Will I have to wait till Oct 17? Or I can join immediately?
4. What is the best option to do, if COS is approved and company A is not ready to leave me?
5. If I get COS approved with new I94, am I legel to work with Company A to serve required notice period (May be 2 weeks)
6. When will the time to resign to company A during COS process? After LC approval? After on H1 approval & new I94 receipt?
7. Will I be able to switch from Company B to any other company after serving company B for certain period (lets say 2 months)? or is this COS for only company B and i get tied to company B as they will be my sponsor?
8. What precautions shall I take to go ahead with COS to not to harm my carrier opportunities in USA?

Thanks in advance.

Assuming it is a fresh H1 as per currrent rules.

1. It depends on the strength of H1 petition documents.
2. No.
3. 01-OCt-2017 or when H1 is approved, whichever is later.
4. File B's petition as consular petition. OR, leave US and re enter US.
5. No, post 01-OCt-2017 or later.
6. 2 weeks before joining B provided B's petition has approved with a new I-94.
7. The next company will have to file a cap exempt H1 petition.
8. Very vague question. Can you please be more specific?

This is my opinion not legal advice.

[bhagwat_shrikant]

Assuming it is a fresh H1 as per currrent rules.

1. It depends on the strength of H1 petition documents.
2. No.
3. 01-OCt-2017 or when H1 is approved, whichever is later.
4. File B's petition as consular petition. OR, leave US and re enter US.
5. No, post 01-OCt-2017 or later.
6. 2 weeks before joining B provided B's petition has approved with a new I-94.
7. The next company will have to file a cap exempt H1 petition.
8. Very vague question. Can you please be more specific?

This is my opinion not legal advice.

Hi,

Thanks for your reply.
On answer number 3, please find below document from USCIS website which says i can engage in activity under new non-immigrant status after change of status application is approved. I am little confused now. Can you please through some light on it.

https://www.uscis.gov/sites/default/files/USCIS/Resources/C2en.pdf

Also please let me know, what do i have to do if i want to join company B immediately after getting COS approval. DO i have to ask company B to do counselor processing for L1b TO H1b change or what do i do?

Thanks in advance.