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L1B Extension

Orlando, FL |

My L1B is valid till Dec this year. If L1B extension is approved after H1B approval, do I have to resign my L1B employer from Oct 01 or can I continue with L1 employer, ignoring H1B ? If I have to resign, when can I join back ?

Attorney Answers 4


  1. Best answer

    A change of status on the effective employment validity date is ignored at your peril. If the H1B petition, for example, is approved in July and the effective employment validity date is October 01, 2014, you cannot be employed by the L1 employer on October 01. You will be violating status unless both conditions are met: termination of employment with the L1 employer; and commencement of employment with the H1B employer. Discuss with your current immigration attorney.

    The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter, nor should it be viewed as establishing an attorney client relationship of any kind.


  2. If it was a change of status based application, you will not be able to work for your L1B employer once your change of status application is approved to H1B employment.

    The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.


  3. Any legal considerations with respect to your legal future status in the United States should be properly entertained and protected by the counsel of record, especially if you want to retain that status quo.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professionally competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide a competent professional opinion, however, the law and its applications change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions expressed are general in nature, and may not apply to specific, factual or legal circumstances related to one's present legal issues. Contact an experienced lawyer admitted to practice in that State under an attorney-client privilege to further receive comprehensive legal assistance before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois


  4. If the H-1B approval included a change of status you need to work for the H-1B employer.

    Attorney Robert Brown's (former INS Director, 1972-99) reply to your question is general in nature, and does not constitute legal advice as all facts are known to him. For specific advice or representation you should retain an attorney experienced in immigration law. Mr. Brown's reply on AVVO does not create an attorney/client relationship not constitute legal advice.

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