L1 to H1 transfer Question - Help Please

[GC2014]

Dear All,

I am here in US for the past 15 months on L1 visa from Indian company. I have applied for H1 this year thru some local consultant and it got approved. But I have 3 months notice period with my L1 company.

If I submit my resignation before 1st October, they might call me back to India which I don't want. So I want to continue on L1 even after 1st October and shift to H1 whenever my H1 employer is comfortable.

I have few questions around it.

1) Will my L1 status changes to H1 Status automatically on 1st October ?

2) Am I legally allowed to continue on L1 after 1st October ?

3) What happens if I continue on L1 even after 1st October (assume that status will be changed to H1 automatically)

4) I heard that if I go out of the country on 1st October (for one day) I can continue on L1. Is this correct ? In this case, I can go to Mexico/Canada just for one day (1st Oct) and come back on L1.

5) In the above case, how difficult to change the status from L1 to H1 in future ?



Please help me......

[qesehmk]

GC2014 - you will assume H1 status when you start working for your second employer. You can work for other employer and your current employer simultaneously since both L1 and H1 are valid right now.

My understanding is that in US - an employer can't hold you from holding second job unless that second job is in conflict with your first job. So ... spend some money ... get a lawyer. I am 99% confident that you can start your H1 employment as soon as your new employer is ready to work with you.

You can always tell the second employer the truth that you have a 3 months notice period and so in the first three months you will work a bit odd hours to take care of first job. And when your first employer learns that you are working full time with second one ... I am sure they won't want to keep with them anymore.

But check with lawyer to make sure L1 and H1 status can coexist. As I said I am 99% sure it shouldn't be a problem.

All the best!

Dear All,

I am here in US for the past 15 months on L1 visa from Indian company. I have applied for H1 this year thru some local consultant and it got approved. But I have 3 months notice period with my L1 company.

If I submit my resignation before 1st October, they might call me back to India which I don't want. So I want to continue on L1 even after 1st October and shift to H1 whenever my H1 employer is comfortable.

I have few questions around it.

1) Will my L1 status changes to H1 Status automatically on 1st October ?

2) Am I legally allowed to continue on L1 after 1st October ?

3) What happens if I continue on L1 even after 1st October (assume that status will be changed to H1 automatically)

4) I heard that if I go out of the country on 1st October (for one day) I can continue on L1. Is this correct ? In this case, I can go to Mexico/Canada just for one day (1st Oct) and come back on L1.

5) In the above case, how difficult to change the status from L1 to H1 in future ?



Please help me......