L1B TO H1B TRANSFER - Troubles from Organizations

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....

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All the best

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

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

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?

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.

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.