L1b to H1b COS - notice period with L1?


I have L1B valid till 2014 April(maxout) and am working with Company A. Company B filed my H1B with COS in June begining and my H1B petition is still in Initial Review Status. Company B has provided Oct 1st as the H1B and COS start date in petition.

My Question is if the H1B approval gets approved after Oct 1st, can I serve two week notice period with Company A after resignation in US? If not then whats the way? Company B profile is great and I dont wanna miss that.

Please advise.



Can anyone please help me with my Query? Can I serve notice period with Company A under L1B after my H1B with COS is approved with company B?

Hello Guys,

I have the same question. Please help if anybody knows anything about it.



Hey ABC,

I dont think anyone knows the correct answer in this forum. I have tried a lot of places but received no response. I got frustrated and actually paid $150 to consult an experienced immigration lawyer.
We cannot work with company A for even one day if H1B COS is approved with company B and COS start date is already current.


Thanks a bunch Jumbo, for letting me know.

I think we both are in same boat. I wanted to give enough time to my company A and also to it’s client to have proper knowledge transfer. Also, it would have help me to maintain good image.

Otherside my H1 is still in initial review status and I can not resign untill it is approved. We definitely want to go to new company but at the same time don’t want to mess up with old company!

As per your answer, it seems there is no alternative. We both have to give on the spot notice and leave company A.(next day when we see H1 is approved)

Good Luck.


You are right ABC. Old relationship matters!
There is another way - Try your new employer to file for a later COS start date. My lawyer suggested that an ammendment can be made to the existing petitions by deferring COS start date.
It will allow us to serve the notice with current employer. I am also trying this with company B.
Pl keep me informed if you are successful.
Good Luck!


ABC and Jumbo, iam also in same boat (L1 to H1 and status initial review), contacted attorney and if we do ammendment then it becomes combersome as we’ll have 2 file numbers and USCIS can give RFE on any one of them, my attorney said its illegal to stay with L1 after H1 is approved but there are couple of industry practices and USCIS is not really stringent about them, serving 2 weeks notice to L1 employer is not legal but its going on in market. …So what have you guys planned?

Check post by on this forum, he is facing problem after amendment to L1 to H1 petetion.