I am working on L1B now and my new company filed for H1B this year. Change of status get effective from 10/1. I will have to work for my current company until September 30th. I am planning to resign from my current company on around September 15th since I have 15 days’ notice period with them. My concern is that my company is not obligated to keep me for 15 days after I resign. What if they terminate me the day on I resign let’s say September 15th. What should we do in this case as I don’t want to stay out of status in the US?
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Yes, this is a valid concern. My understanding is that one is allowed to enter US at most 10 days prior to H-1 start date (this means after Sep 20th). By same logic, you should be fine to stay after Sep 20th even after your employer lets you go.
However, its best to check w/ your H-1 attorney.
Hi Saurabh,
currently I am on L1B with valid I-94 till 2014. I got H1B approval now and start date is 10/1/2013.
now if my company fired me then can I stay till 10/1/2013
is it valid as it will be 15 days gap?
I heard that a person can come around 10 days before in USA before start date. so in my case if start date is 1 oct 2013 then i can come any time after 20 sept. if that is the case then …is it I just need to worried about just 5 days ?
beside this can my company fire me as i am moving on H1b…?