What to do if the Indian IT company creates problems for L1B -H1B visa change and resignation from the company to take up a job on H1B? I understand, it depends on companies, but in such situations does it become necessary to travel back to India and then get the H1 stamping done again? Does it becomes easier for H1 stamping with a H1 petition in hand? Do companies provide relieving and experience letters in such cases or they insist on paying any lumsum for leaving the company?
The change of status from L1B to H1B will take effect from October 1. You would need to make sure that you are in L1 status till that time. If you intend to start working on H1 starting Ocotber and you are forced to go back to India then getting the H1 stamped is the only option.
If you chose to resign, then according to most MNC’s policy you might be asked to leave for India and serve notice period there OR give a lumpsum amount of money here in US. I would suggest giving only 2 weeks of notice before leaving and do not agree to go back and do not agree to pay anything. It is not legal to ask for money if a person is leaving. The company and you would ultimately have to negotiate on a proper amount before getting the documents. Also keep in mind, the letters which these companies give are of no particular importance during the GC process. During the gc process you would need to show “progressive” experience, just a leter mentioning a mere start date and end date from this employer won’t really help.