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

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NO. Yuo can not

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.

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.


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

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.

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.

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.

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?