H1B status change from L1A blanket, can I choose which one to keep based on situation

[Mattr Inida]

I want to file for H 1-B status with employer B in case I get laid off on my L 1-A with my current employer A. How ever if I don't get laid off, I want to continue with current employer since my spouse can work on L-2. Is there a way I can opt out of the H1B status with employer B in case my petition gets approved. If that is not feasible, when does the new H 1 B status come into effect?

How can I manage to ski[p the H1B status if my L1A employment gets extended by another 2 years or so.

[raghvi]

I want to file for H 1-B status with employer B in case I get laid off on my L 1-A with my current employer A. How ever if I don't get laid off, I want to continue with current employer since my spouse can work on L-2. Is there a way I can opt out of the H1B status with employer B in case my petition gets approved. If that is not feasible, when does the new H 1 B status come into effect?

How can I manage to ski[p the H1B status if my L1A employment gets extended by another 2 years or so.

Well it is possible but would most probably involve you to travel outside US. When is you L1A expiring , till when is your I-94 valid? When will you know for sure and from which date you will be getting laid off ? Also, new H1 application will start only from 01-April-2014 and you can work on H1 only from 01-Oct-2014.
so knowing actual dates will help plan beforehand.

A new H1 petition can be applied as Change of Status OR Consular Process.

If you apply as COS then on the COS date and beyond, you have to work with H1 employer and your spouse would also need to be on H4 and cannot work. The only way to avoid that and continue to be on L1A would be for you to travel outside US and re enter US on L1 visa (if valid).

If you apply as consular process then you dont automatically move to H1 on the H1 start date but would move to H1 only after getting H1 stamped outside US and returning on H1 visa. Yes, it is possible to try to get a Consular to COS change but can take time, effort and money without any guarantee of success. Also, you would need to convince the H1 employer to file a consular application which they might not be very keen to do as then they will know that you are up to something and dont actually intend to join immediately.

This is my opinion not legal advice.