Immigration Issues/L1 to H1 COS

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Question
Hi Ajay,

I am on L1 with company A which is getting expired on 1st Feb 2011. Company B has filed my L1 to H1 COS on 7th Dec with Premium processing. I have resigned the company A on 7th Dec only and right now on notice period of 1 month.

I am supposed to receive the receipt in couple of days. Company B is asking me to join them once i receive the receipt.

If i do so would it be legal?

If i get my H1 approval before my notice period completion can company A force me to server 1 month as L1 would not be valid once i have H1 approval. So in that case can employer A legally force me to complete the notice period ?

In case of L1 to H1 COS is it mandatory to go back to India for stamping.

Thanks in advance  

Answer
Hi,

You cannot be legally employed by Co. B until H1B petition is approved by the USCIS granting you change of status to H1B.

As you can hold only one status at a time in the U.S. and the latest action by the USCIS determines your status, when your H1B petition is approved granting you change of status to H1B you will no longer be in L1 status. Thus, at that point you cannot be employed by the L1 employer.

When granted change of status to H1B, you will automatically be in H1B status. You will not be required to depart the U.S.

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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