L1 to H1--Immediate Help Required


Iam on L1 and currently in US, my regular processing H1 COS is still in initial review.Iam scared about notice period with L1 employer now as have no time in hand. My Query.

1: After 1st Oct, will USCIS give enough time for notice period?

2: If my visa gets approved after 1st Oct, what will be my start date with new employer? will i have enough time in between 2 employeers?

3:What are my options for safe exit from L1 employer?



Hi Vipin,

  1. Usually 10 business days (2 Weeks of notice) is acceptable and is not a crime, through there is no formally written rule. Just based on this factor USCIS does not deny your H1. The reason is both L1 and H1 are work visas.

  2. If approals come after 1st Oct, sometimes the effective date is 1st October. In this case you can take 2 weeks of time, again it is purely for KT purposes, and there is not written rule that USCIS allows. In some other cases, the effective date is the date of approval or future date. In case if it is future date you can continue to work for L1 employer until your H1 is effective.

  3. Safe way to exit L1 employer is to tell them that your legal status has changed, and hence you cannot work for them anymore. Also note that L1 employers cannot force you to work legally as you are no more their employee as per USCIS.

Hope the above answers help you.


Thanks Ram, In those 15 days for KT Purposes, should my L1 employeer be running my payroll, Actually now i think i will not even get a single day for notice period. If not then i’ll be running into trouble as payroll will get generated from 2 places.

Not sure what to Do, really stuck now. Couple of people have written in forums that its totally illegal to work for L1 employeer after status change.