Immigration Issues/L1B to H1B COS Query
I am presently working for a company A on L1B and my visa/I-94 is valid until mid of 2014. Meanwhile, company B sponsored a H1B through COS during 2012 and its in processing (received a receipt for the petition). Present situation is, I have to stay with company A at least until end of October,2012 1st week. I got to know that H1B approved with COS would be effective from Oct 1st and my L1B status would be invalid automatically from Oct 1st.Below are my questions:
1> Is it illegal to work for company A after Oct 1st or is there any grace period after Oct 1st to change job from Comp A to B?
2> I am worried that if I resign from company A few weeks in advance to Oct 1st to server my notice period, what happens if company A sends me back to India or worst case fire me out of frustration before Oct 1st?
3> Is there any other safe alternative where I can work for company A until end of Oct 1st or 2nd week (put resignation on Oct 1st and join company B if A try to send me back to my country immediately or fire me)?
4> Otherwise, do you suggest me going out of US on Oct1st to Canada/Mexico and come back on Oct 2nd where I can retain L1B with A and also have H1B approval without I-94 with B? Whether POE people ask me as I would have both H1B approved petition and L1B with I-94?
Your answer would really help me and thanks a lot in advance for your expert opinions.
ANSWER: Answering your queries:
1) Not illegal as long as you are working on a proper visa ststus (L1B - currently).
2) You are free to join Co. B on H1B.
3) You can do so; note that H1B start date is 10/01 - you may join any day after that as long as you can prove to hold a proper legal status until you join.
4) Don't understand how you can retain L1B status when you are planning to leave the company A? Anyways, I think answers to earlier question would satisfy your concern.
---------- FOLLOW-UP ----------
QUESTION: Thanks a lot for all the answers and they were really helpful.
I just have two more followup questions. Can you please provide your expertise on these?
5> In continuation to your answer for point 1s - even if I have approved H1B petition with CHANGE OF STATUS I-94 active from October 1st, I can still continue to work for my present company A for some period. So, I will not be out of status with my L1B and legal to work for company A until I join company B. Please confirm.
6> If I go back to India after October 1st working with Company A (not yet joined company B), whether my L1B gets invalid as I have a H1B COS (I94) active from October 1st? Please confirm.
Thanks a lot for your responses.
Dear CGR, please understand advise given on a forum is per information provided without reviewing documents and/or evidence. In case specific situations like yours, I would recommend hiring an immigration attorney to provide on-going support as you may need it since you are delving into a murky area of the law.
Regarding your concerns, I believe I already touched upon these in my advise. However, you are free to send me your details [via email or postal mail] and I will be morethan happy to assist you further on a retainer basis.
Ajay Singh, Esq.
Note: Our main are of practice is U.S. Immigration Law with focus on Removal, Deportation, Asylum, Employment Visas, Non-immigrant Visas (H1B/L1/J1), Immigration Bond matters, Criminal Immigration and other complex Immigration matters and related Federal Court litigation. This communication, though, does not constitute “legal advice”, nor does it form an attorney-client relationship.