L1 Status to H1 Conversion

[suggestindian]

Hello

Currently I am on L1 status with XYZ Company and working in USA . I applied to H1 Visa for 2018 Quota from a ABC Company and my application was picked in the lottery and In process.My current employer (XYZ) is asking me to go back in sep 1st week.
I have couple of questions and appreciate for suggestions/ Advise.

1) As H1 2018 will be effective from October 1st 2017) and in mean time if my H1 petition gets approved , can i stay back in USA and by start working to ABC Company on H1 status without going for Visa Stamping ? Or do need to go out of the country fir stamping to activate my H1B?
2) As my current employer is asking me to go back on Sep 1st which is one month prior to Oct 1st, if i stay here with out notifying my current Employer, will I be on Illegal status or do i have grace period?

[raghvi]

Hello

Currently I am on L1 status with XYZ Company and working in USA . I applied to H1 Visa for 2018 Quota from a ABC Company and my application was picked in the lottery and In process.My current employer (XYZ) is asking me to go back in sep 1st week.
I have couple of questions and appreciate for suggestions/ Advise.

1) As H1 2018 will be effective from October 1st 2017) and in mean time if my H1 petition gets approved , can i stay back in USA and by start working to ABC Company on H1 status without going for Visa Stamping ? Or do need to go out of the country fir stamping to activate my H1B?
2) As my current employer is asking me to go back on Sep 1st which is one month prior to Oct 1st, if i stay here with out notifying my current Employer, will I be on Illegal status or do i have grace period?

1. Your H1, if applied as COS (Change of Status) from L1 to H1 , if approved before 01-Oct-2018, the H1 petition will come with a new I-94 and you can work for ABC only from 01-Oct-2018. If H1 is not approved with new I-94 then you have to go back.
2. You would be out of status the last day of your pay on L1.No grace period provided by USCIS.

Advisable to ask L1 employer for grace period of another month, and hope that H1 COS approval comes before 01-Oct-2018.

This is my opinion not legal advice.