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Immigration Issues/L1 to H1B Change of Status

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Question
Hi,

Iím currently on L1 for a company A and another company B is going to sponsor H1B for me with COS (Change of Status). While leaving, I would like to give some notice period to my employer and current client (with consent from company B), while the H1B visa is being applied/processed. My questions are:
1) While giving notice to my employer (company A), and H1B is not yet approved, suppose the employer does not like it, does the employer have the power to cancel L1 and send me back to my country?

2) Assuming I have to wait till the H1B is approved and COS has happened, can I continue to work for my current employer for some time as part of notice period? Is it illegal?

Thanks in Advance!

Answer
Hi,

You can hold only one nonimmigrant visa status in the U.S. at one time, and if the H1B through Co. B is approved granting "change of status" by the USCIS, you will automatically be in H1B status on the effective validity date printed on H1B approval notice. In the meantime, you will continue to remain in L1 status (unless you resign or your employment is terminated, or unless Co. A revokes its petition)

If you must give notice to Co. A., I recommend waiting to do so at least until the H1B petition has been filed  through Co. B. In this case, even if Co. A immediately revokes the L1 petition, you will be able to remain legally in the U.S. until H1B takes effect (assuming that the H1B petition is approved) granting change of status.

If you do not want to automatically be in H1B status upon the effective validity date on H1B approval notice, then you can ask Co. B to request "consular processing". In this option, you will be in H1B status only if you obtain H1B visa stamp at a U.S. Consulate abroad after USCIS approval of the H1B petition, and then subsequently enter the U.S. so that I-94 issued at port-of-entry states H1B. If you do not obtain the H1B visa stamp, you will continue to remain in L1 status.

You can call our law firm during business hours at 212-268-3580, or email info@h1b1.com for guidance.

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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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