I am working with ABC company on L1B visa. XYZ company is filing my H1B under premium processing on 3/21/2013. They are cap exempt employer. Assuming that I will get the H1B approval by 4/4/2013, Can I work for ABC company after the H1B approval to serve the notice period, if the joining date with XYZ company is 5/6/2013?
I am planning to leave for India on 11th April and get the H1B visa stamped there. I'll be returning on 4/30/2013. XYZ company will be filing my application for consular processing rather than change of status.
A noncitizen can hold multiple visa stamps in his or her passport and use those in accordance with the purpose of a particular trip. A noncitizen can only be in one status at the time.
A noncitizen cannot change status unless the status from which the change is sought is valid on the day when the change of status application is filed.
The last action rule applies unless additional H1B employment is claimed instead of change of status. This is why it is always dangerous to file multiple petitions at the same time.
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