H1B withdrawal

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I entered US on L1B Visa for Company ABC which expired in early August 2013. For which my company ABC filed L1A conversion which is now approved.
But in April 2013, company XYZ had filed H1B COS with I-94 which is still under Initial Review with USCIS. Now I am asking company XYZ to withdraw my H1 B petition but their reluctant and delaying the withdrawal. Now my question is:
1 if I want to continue work on L1A for company ABC what all options do I have?
2. What happens if the H1B is approved after 1-Oct-2013?
3. What happens if the H1B is approved before 1-Oct-2013?

[raghvi]

I entered US on L1B Visa for Company ABC which expired in early August 2013. For which my company ABC filed L1A conversion which is now approved.
But in April 2013, company XYZ had filed H1B COS with I-94 which is still under Initial Review with USCIS. Now I am asking company XYZ to withdraw my H1 B petition but their reluctant and delaying the withdrawal. Now my question is:
1 if I want to continue work on L1A for company ABC what all options do I have?
2. What happens if the H1B is approved after 1-Oct-2013?
3. What happens if the H1B is approved before 1-Oct-2013?

If L1 to H1 was filed as Change of Status (COS) you would automatically move to H1 from requested H1 start date and from that date you should work only with the H1 employer. In order for you to prevent that and for you to continue working with L1 employe you should leave US and re enter on L1 visa. As your L1 has expired you should get an L1 stamping done for that to happen.

Another option could be to try to see if the approved H1 can be transferred to the current company before its start date, but that would entail you to get the approval notice from h1 employer in hand and subsequently tell the L1 company that you had got an H1 and convince them to do the transfer. If you do that and convert form L1A to H1 you might not be able take advantage of filing GC under EB1 category which generally is available on L1A.

I would strongly suggest you to take the help of an experienced attorney.

This is my opinion not legal advice.