How to do change of status L1 to H1B Grace Period
How to do change of status L1 to H1B Grace Period?
There are numerous applications received from each individuals with L1 Visa who are those sponsored for an H1B visa with different employers around Oct 1st of every year. Actually they like to know whether they can continue to work for L1 employer even though they hold a valid H1B visa approval.
If a candidate is working for a reputed company in abroad for some years having specialized skill set, that company may transfer the candidate to their US company through L1B visa legally. In this situation, if the candidate have been working by L1B status and receive a job offer from another company, that company will sponsor the candidate for H1B visa. Because the L1B is not transferrable at any circumstances. Hence the second company will file an H1B application on behalf of the candidate on 1st April and request for change of status to H1B from current L1B to execute effect on coming 1st October.
A new I-92 card will be issued to the candidate on his H1B petition approval by USCIS after the summer period. It is declared that the candidate’s status will be changed to H1B automatically from 1st October irrespective of the candidate is ready or not. So the candidate has to start work for the second company who sponsored H1B from 1st October for sure. If the candidate is still working for 1st company even after 30th September, then it equals to being without authorization and treated as out of status without any doubt.
Is there any grace period for change of status from L1B to H1B?
It is not true that H1B candidates are having only 60 days as grace period to join the second company. As per USCIS rule, there is nothing declared regarding L1B to H1B change of status grace period as of now. As per rule of Department of Labor (COL) regulation, the H1B nonimmigrant is eligible to get required pay starting on the date from the nonimmigrant started working for employer.
Even though the H1B nonimmigrant has not yet started working for the employer, they will pay the nonimmigrant the required payment from 30 days after the nonimmigrant is allowed for US pursuant to the application considerably.
What is the part of Department of Labor (DOL) rule in this regard?
It is important to note that the provision will be by Department of Labor having discussion with employer about the payment points. It is not related to immigration status and the immigration will be taken care by USCIS only. As a conclusion, there will not be any grace period for change of status and it will take effect automatically and immediately for sure.