VV URGENT-L1 TO H1-WITH COS-CAN WORK IMMEDIATELY BEFORE OCT 1ST?

USA H1B Visa
1

Hello Everyone,

This is very urgent, I have L1 Visa and have sponspor who applied for H1 with COS in premium processing. My question is can i start working immediately once i get my H1with COS approved or need to wait till Oct 1st. My L1-I94 is valid for next two years. I planning to move out from L1 employer as soon I get my H1 approved

1 Like
2

NO. Yuo can not

3

You can start working for them from Oct 1 or COS approval date, whichever is later. This assumes that H-1 gets approved w/ COS.

4

Thank you Saurabh, but when you say COS approval date can this be even before Oct 1st, so I have not received my doc? And also on following to the this, if i wan to resign [July] and can i stay in US without going to India? Is this possible, assuming if i want to start working from OCT 1st? can you please help me in this regards.

Yours,
Lakhy

5

Thanks Vipul for your quick turn around. Do you have any suggestion/answer to by follow up questions?

6

Earliest COS approval date is Oct 1. If the petition gets approved after Oct 1, then COS approval date will be actual petition approval date. When resigning from L-1 employer, be careful as they may ask you to return to home country. This is something you have to sort out w/ L-1 employer.

7

Thank you very much saurabh. So if I resign now (July) from L1 emloyee and you are saying I am not legally allowed to stay in US until H1 active i.e OCT 1st , is my understanding correct !!!This is very important for me to know before I take decision and also let me known if I need to get stamp in inidia if I leave US before OCT 1st to come back to US say around SEPT 20th.

8

If the L-1 employer allows you to continue employment until Oct 1, then you can stay until the last date of employment. If the L-1 employer fires you or asks you to leave US, then you will have to leave US.

Yes, you will have to get H-1 visa stamped in your home country and then return after Sep 20th to work on H-1.

9

Hi Saurabh,

I have to give 4 weeks notice to My employer in case of resignation.

What if I resign around 09/15 saying I will buy two weeks notice period.

And then they fire me on 09/15 saying you are relieved from today?

Then Can I stay in US for 15 days?