Change of Status from L2 to H1B minimum allowed time

Hello Anil,

I am working for employer A on valid L2 visa. My H1B got approved from employer B.
I asked employer A and B attorney that by what time I should join employer B to avoid H1B violation.
They told me that I should join employer B within 60 days after H1B approval. One of the attorneys is from a big law firm. There were some unavoidable reasons not to join H1B as soon as it was approved.

50 days are already gone. Recently I was talking to a third attorney and she told me that there is no 60 days rule in case of L2 to H1B COS.

I am really confused now. Can you please guide me regarding this. I would join employer B before 60 days get over.

But I am scared what will be the repercussion of this on future H1B amendment and H1B transfer filing.
How will the 60 days gap in accepting H1B will be justified if it is not a rule.

As far as I know, there is no such 60 day rule to join H1B employer.

You can join H1B employer as long as they still have your H1B approval.

The USCIS rule says that an employer should withdraw H1B if the employee is NOT working for them.
So, the only thing for you to check is that your employer B has NOT withdrawn your H1B at this time.

There are no issues in future H1B extensions or amendments simply on the basis of joining H1B employer late.

Thanks a lot for the prompt reply.
Suppose if employer B apply for H1B amendment just after I join and he will have to provide salary slips for that, there is no issue in providing salary slips from employer A for this 60 days period?

Salary slips are required to prove the H1B status while filing H1B Amendment.

As long as you have maintained the H1B status and have salary slips for that period, you are fine.

I don’t think you will need to provide salary slips for period you worked on L2 visa. But, if your attorney says you need, then there is no option but to submit those payslips.

Sure. Thanks a lot for clearing the doubt.