L1 to H1 transfer: End and Start dates

[rino]

Currently I am on L1 and working for company A
My H1B is filed by company B and I have specified effective start date as 31st Oct which is Monday.

Generally when people resign, their last date is set on the Friday which in my case might be 28th Oct.

Will this cause any problem in future for me for the Saturday and Sunday (29th and 30th Oct) ??

What should be my last date in company A? Is 28th Oct fine ?

My H1 B application is in progress so can I change my start date now if need be ?

Or is there some grace period before the effective start date of my H1 Change of Status using which I can survive the weekend before I join ?

Please help.

[kabkaba]

2 days gap is fine, that is not a problem.
Has your H1 already been approved with change of status? The bigger concern is that once COS gets approved you cannot work for the L1 company from the effective date and you must work for the H1 company from the effective date. Also, you cannot work for the H1 company while COS is pending.

[rino]

My H1 Application is in process. But I have specified the effective start date from which the CoS should take effect as 31st Oct.

Idea is that it will get approved any time in this week and once it gets approved, I will serve my 2 weeks notice and join the new company on 31st Oct.

But my last official day in my current company might be 28th Oct. So I am worried about my status for the 2 day gap where I am not on L1 and not on H1

[kabkaba]

2 day gap is okay, it will not be a problem.
If H1 is delayed, you can still quit and not work for the L1 employer any time.

[rino]

Thanks for your help,

There has been a development though for which I need your help.

My lawyer had specified the start date for the H1 visa as 31st Oct.
I received my approval notification email on 18th Oct but it states the visa validity start date as "18th Oct" instead of "31st oct" so I asked my lawyer and he says since we specified the 10/31 as the start date its the error on USICS' part and he is following up with them to change it.
Meanwhile I have been advised to follow my current course of action and end my employment on 28th oct and join the new company on 31st oct. My lawyer is saying that USCIS will correct the date and send a new approval notification. He is following up with USCIS


Please confirm if this is correct and if there are any additional safety steps that I should take.

[shervin143]

If it is indeed a USCIS error, then they will correct it for free. If the effective date was not requested properly the the lawyer, then it is your issue and they will not correct it. Get a copy of the I-129 filed and check it.

Thanks for your help,

There has been a development though for which I need your help.

My lawyer had specified the start date for the H1 visa as 31st Oct.
I received my approval notification email on 18th Oct but it states the visa validity start date as "18th Oct" instead of "31st oct" so I asked my lawyer and he says since we specified the 10/31 as the start date its the error on USICS' part and he is following up with them to change it.
Meanwhile I have been advised to follow my current course of action and end my employment on 28th oct and join the new company on 31st oct. My lawyer is saying that USCIS will correct the date and send a new approval notification. He is following up with USCIS


Please confirm if this is correct and if there are any additional safety steps that I should take.