L1 and H1 change of status & job query

USA H1B Visa
1

Dear Saurabh,

Hope you are doing fine.

 

Can you please provide me your valuable suggestions on my following immigration related doubts ?

 

 

Background :

 

I am working with employer A on L1B visa. My L1B visa & I-94 , both has been expired on 31st Aug 2012. My employer A has submitted application to USCIS for my L1B extension on 29th Aug 2012 and it is under process now.

 

The another employer B also applied for my H1B (change of status) on 1st June 2012 under H1B cap quota. This H1B application is also under process.

 

I am still working with employer A who hold my L1B visa.

 

Questions :

 

1) Lets say,  I will receive Approved H1B petition today i.e 9 Oct 2012. & my L1 extension is in process. Then within how many days, I need to join employer B on this new H1B ? Is there any minimum time limit in this case?

 

2) Lets say,  I will receive Approved H1B petition today i.e 9 Oct 2012. & my L1 extension is in process. But somehow I do not want to join employer B on this H1B and wants to continue with my present employer A on L1B then can I do this ? If yes, then do I need to inform USCIS about it? and for how many days, I can keep my approved H1B in idle stage.

 

3) Lets say,  I will receive Approved H1B petition today i.e 9 Oct 2012. In this case, this newly approved H1B will be in effect from 1st Oct 2012. But for this duration (i.e. 1oct to 9oct), I am working with employer A on L1B. So my status will become "Out of Status" if I continued to work with same employer A on L1B ?

 

 

Thanks a lot in advance.

 

 

With Best Regards,

Sanjay.
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  1. If H1b is applied on change of Status, you will hae to immediately resign to your L1 company. As per law no grace period, however usually upto two weeks is not considered a crime.

  2. Once again if H1b is not COS you can continue to work on L1. You don’t need to inform USCIS if it is not COS.

  3. No, you will not be out of status as the approval is delayed for you.

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Thanks a lot Ram …