Status Change L1 to H1

[Raj_G92000]

Hi, I am currently on L1 Visa through company A. A new employer is filing my fresh H1 but I can start working only in October. I will be resigning from company A by Aug End as they will ask me return to India (Since Project gets over) and I don't want to go back.
What would be my status in month of September where my H1 is under process and my L1 is probably voided as I have resigned from current company. Can I legally stay in US till I start working in October?
My I94 is valid till Feb2013

[shervin143]

You will be out of status on L1. Being out of status can cause issues with future petitions, visa stamping and GC process. You need to maintain a valid immigration status until your H1B becomes effective.

[Raj_G92000]

What if my H1 petition gets approved this month (Aug.) and then I resign after that in Sept? What do you mean by H1B 'becomes effective'?

[shervin143]

The H1B petition approval has nothing to do with your status. The H1B effective date (the one that will be printed in your approval notice) is when your status will actually change to H1B. Since your's is a new H1B petition, the effective start date will be on or after Oct 1st. You need to maintain a valid immigration status until the H1B becomes effective.

What if my H1 petition gets approved this month (Aug.) and then I resign after that in Sept? What do you mean by H1B 'becomes effective'?