L1 to H1b Transfer - Intermediate stay in the US

[harshitsheth]

Hi,


I am currently working in the US on an L1b Visa. My current employer has filed for my Change of status H1b this year. I want to change my employer and have some questions regarding the same:

1) If I resign from my current company before Oct 1st while on L1b, Can I continue to stay in the US without working for any employer until Oct 1st and then start working for a new employer starting Oct 1st? Is there any grace period of stay in the US while on L1b and not being employed? If yes then how long?

2) If the above answer is 'No', then is there any other way I can continue to stay in the US until Oct 1st or do I have to go back to my home country, get the new H1b visa stamped and re-enter?

Thanks,

[shervin143]

1) If I resign from my current company before Oct 1st while on L1b, Can I continue to stay in the US without working for any employer until Oct 1st and then start working for a new employer starting Oct 1st? Is there any grace period of stay in the US while on L1b and not being employed? If yes then how long?
>>> You cannot be unemployed while on L1 or H1B status and continue to stay in U.S. You will go out of status and it will cause issues later. There are no grace periods.

2) If the above answer is 'No', then is there any other way I can continue to stay in the US until Oct 1st or do I have to go back to my home country, get the new H1b visa stamped and re-enter?
>>> You have to gio back to the home coyuntry, get the H1B stamped and return back. Filing B2 is an option. But it will unnecessirily complicate things as H1B is about to get effective as of Oct 1st. If you deceide to file a COS to B2 and stay, then I suggest you consult a good immigration attorney as it will for sure complicate things. Also, a COS from B2 to H1B later is never advisable.