H1B CoS approved ? But current company end date is 28th Sep Friday?

Question

Hi,

I am currently on L1B-visa in Company A. My H1B-visa CoS initiated by Company B got approved today.

I would notify my current employer today of my resignation. I am sure my current employer would try to hold me till 28th September that is Friday since I need to give Knowledge Transition to my replacement person.

What would happen in that case since my last date in Company A would be 28th Friday and my L1B would become invalid from that day.

I need to join my Company B employer on Oct1st Monday.

Do I need to go to India since I have no visa on Saturday and Sunday?

Thanks

Devi

Answer 1

What your current I 97 end date thats your L1B's. Are you sure that your employer with relieve you on sep 28th. You are eligible to stay to need to travel back to india.

Thanks

Vivek

Comments

Hi Vivek,

Thanks for your comment. I have I94 till Jul 2014 on L1 visa. So would that be fine?
My current employer might relieve me on 28th sep or 1st of october. Not sure till now.

Thanks
Devi

Answer 2

2 days should be fine as it's weekend. Immigration is very compassionate, write to USCIS requesting a Waiver for 2 days.

Comments

Hi,

Can I write directly to USCIS or through the law firm who filed my petition?

Thanks
Devi

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Devi,

Though your/normally  H1 Status is starting in OCT, they allow people to enter 10 prior to start of the assingment, So no issues. Anything to uscis would be fine if it goes thru law firm that is thru employer wherein you save cost as well as your free from any risk.