L1 to H1B transfer Grace period

Hi ,

I looked up for this question but couldnt find an definite answer.

Q: I am applying for L1B (Employer A) to H1B (Employer B) transfer. Assuming that my H1B visa is valid from Oct1st. What is the Grace Period that I can work on L1.

If my notice period overlaps for 1 or 2 days will it be a problem?

Because it might not be always practically possible to Join Employer B immediately resigning from Employer A.

At the same time if I resign before Oct1st my L1 visa will not be valid?

So I am confused if there will be any grace period for joining the New employer.


Arun Prasad

There are 2 schools of thought here - one says that you have 60 days to join H-1 employer, while other says you need to join them from COS approval date (I personally agree to the 2nd one).

If the overlap is 1-2 days or even a week, it should be fine. Chances of USCIS questioning this in future are low, and even if they question you can provide a reasonable response for the short overlap (notice period etc). If it is going to be anything more than 1-2 weeks, you better consult an attorney.