L1B TO H1B TRANSFER - Troubles from Organizations

USA L1, L2 Visa
1

Hi Sir,

I have around 8 years of experience in US Healthcare IT industry. I am travelling to USA on L1B through one MNC. After landing into USA i would like to apply for H1B through some sponsors.

I am going to USA on L1B intra company transfer but i will be still on India branch Payroll 

1. If i get H1B sponsor and get approved do i need to serve 3 months of notice period? ( actually it is standard notice period in india branch). 

2. Lets say i resigned to my present company and they asked me to come back to india immediately. Can i stay in USA? is it legal ? ( my visa is valid for 3 years) 

3. When i am serving my notice period of 3 months (July, august, september) what if company fires or relieves me immediately.
what is the way that i can stay in USA till Oct 2014.

Please advice, i am new to this site and i am delighted after reading all the messages and experience.

I hope i will get guidance from in this site... Thanks in advance for this website creator and all the people who is sharing their experiences, it will help us alot....
2

This website has a lot of data and you may have missed an excellent post from another member.

Please let us know in case this does not answer your concerns

All the best

Dr. Sandeep Shankar, Colorado Heights University, Denver, CO 80223, USA. www.chu.edu; sshankar@chu.edu

3

Hi Sandeep,

I have recently converted from L1 to H1 COS… and my wife status eventually changed from L2 to H4. Now , my wife wants to travel India on H4 and get her stamping done on H4. Could you please advise how many months one should generally work on H1 before their spouse ( H4) goes for stamping and any general suggestions . Appreciate your time. Thank you

4

Hi Sandeep, Thanks for the information. But still i did not get answer to one of my question. Can you please help me?

as soon i resign if company fires me what to do?

lets say before 15 days i resign to the H1 Effective date… If my present company ask me to serve 3 months notice period?

5

You should discuss these worries with your H-1B employer if possible. You do not want to be in a situation where L-1 employer accelerates separation and you are still waiting on an H-1B start date. In the US, you can’t do accelerated separations (firings) as notice period is binding on both parties but I am sure India has its own fun way of working. Is there a financial bond involved with India employer - in that case they will be busy wanting to collect on that cash rather than fire you.

6

Hi Maddy, 1.5 pay periods on H-1B if you are paid biweekly or one pay period if you are paid monthly is enough time. Although please note that a wait time really does not apply, status relationships are automatic and immediate. Your wife is just assuring visa officer that her husband is comfortably settled.