L1A to H1B Conversion Notice Period

Hi All,

Currently am on L1 Visa with Company A and filing new H1B with Company B. Once my H1 is approved with Company B am I allowed to serve the Notice period (2 weeks) with company A?

Yes, you need to resign once your H1B is approved and you decide to work for H1B employer. Make sure you dont start working for H1B employer during the notice period.

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Thanks for the reply Kalpesh. As per the article below it says I cannot work on L1 once my H1 is approved post October 1st.

That is true as your status will change to H1B on 1st October. This means you need to resign on 15th September if your L1 employer needs two weeks notice.

My H1 is still in process and I see that it will get approved after Oct1st, so if that’s the case I cannot serve the notice period with Company A who has L1 right ??

Yes, ideally you should wait till your H1B is approved!

Ok got it. Thanks for the reply

Hi Kalpesh,

I ran in to a tricky situation now.

Currently my L1A is in process and we have Responded to RFE this week and it went to California Center on Oct 7th (as RFE due date was 12th oct )and at the same time my H1b is filed with another employer and the documents were sent to USCIS to Texas Center and this also reached on Oct 7th. Both of these applications are in premium processing.

  1. What would be my situation if both the Visas are approved ?
  2. If L1 approved 1st and Later H1 then my status would be on to H1 and which is safe enough. Is this right statement ??
  3. what if my L1 gets approved after my H1 approval? I was told that L1 get in to effect inspite H1 is approved.

Do I have any option to go to H1 after my L1 is approved ??

Thanks
Ashvin

You have choice to continue on L1A with current employer or go with H1B with the new employer.
If I were you, I would continue on L1A as it is the fastest path to getting green card.

You need to take decision. If you elect to not join the H1B employer, you need to inform your H1B employer asap that you wont be joining so that they can withdraw the H1B. Its important that the withdrawal letter from the H1B employer reach the USCIS asap.
If you decide to work for H1B employer, you dont need to worry about L1 extension as your status will change to H1B automatically if your H1B is filed with change of status. L1 extension approved after H1B change of status wont mean anything as you will be in H1B status.

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Thanks Kalpesh. I was told that my H1 was filed as COS. So when my H1 is approved the same day I will resign my L1 company and will move on to H1 Visa.

Once I move out of L1 company and if my L1 is approved, the L1 company need to inform USCIS that I moved out and they have to cancel or withdraw the L1??

I spoke to Reddy and Neumann attorney on the free Q&A immigration session, where he was saying the later approved Visa will be in effect. If L1A is approved later that will be in effect and he said in order to get the H1 status back I need to go to Canada or Mexico and re-enter USA with Automatic revalidation. Not sure if this is correct, I didn’t get much chance to extend my questions as it was free Q & A session and is limited time for each participant. Do you know anything about this ?

My next question to Attorney was once my H1 is approved I should stop working on L1 immediately (Resign the L1 company the same day and come out of L1 company) as H1 goes on to effect and I will be moved on to H1 Visa. Later if my L1 visa is approved will I need to stop working on H1 and go back to L1 company and which I resigned already, so can I work for that L1 company?

Sorry for so many questions.

Yes, once you resign with current employer, they are bound by law to withdraw your L1 petition.

You may not have clarified that the L1 approval you are talking about is not a COS but EOS application.

As far as I know the last action rule applies to COS from one non-immigrant status to another and EOS/I-94 issue (USCIS & CBP) under same visa class and could have different impact in different scenarios.

Just focusing on your scenario, if the L1 EOS is approved after L1 to H1B COS is approved, assuming the COS start date is effective immediately upon approval, you will already be in H1B status which is a different non-immigrant status than the extension requested. Your status do not change back to L1 just on basis of approval of L1 EOS unless you apply explicitly for COS from H1B to L1. In a nutshell, approval of L1 EOS do not put you back into H1B status based on last action rule and so this rule will have no impact in your scenario.

May be you can talk to the immigration lawyer of the employer who filed your H1B and make them aware about the situation you may get in after switching to H1B if L1 EOS is still pending at that point in time. Or go for a paid consultation with some other lawyer.

Thank your so much for your inputs. From your points what ever the order of visas approved, I can constitute to stay back on H1 as that is a COS application.