timeline of changing the job for L1B to H1B transition

USA H1B Visa
1

Hello,

I am working for employer A on L1B visa and had applied for H1B visa through employer B. I have received H1B approval and am all set to join employer B. However, I need to decide on the timeline for submitting the resignation in my current job and joining the new company.

I am currently working in Boston and the new company is in California. So it wont be easy to serve my last day in current company on 30th Sept and join the new company on 1st Oct. Also, given that the norm is to provide 2 weeks notice period, if I submit my resignation on the 15th Sept, the company may decide to relieve me on the 27th Sept, which happens to be the Friday.

What I am concerned is about staying unemployed for 2-4 days while my status is still on L1. As I have read in some of the discussions, it seems my stay in the US will be illegal soon after my employment ends. But I am not sure if this is the law.

So could you please confirm whether being unemployed for 4 days in L1 status be treated as illegal stay? Would it cause any issues in future?

Regards,

Shri

2

If your L-1 employment ends on 27th, you should be fine. I don’t think 3-4 days will cause an issue in the long run.

Still, if USCIS raises the concern, you can try to put your case - notice period, traveling across the country etc. Your H-1 attorney can confirm if the 3-4 period is ok or not.

3

Thanks Saurabh. My attorney also said it should be fine.