L1 extension effect on approved H1 COS

[loafer]

I am in US on L1 with company A, and the initial 3 years validity expired (visa and i94) in May 2015. Company A filed an extension petition on March 2015, and now we have an RFE. The details are not known yet about what exactly is the evidence sought for. Meanwhile I applied H1 with company B in April, which got through lottery and was approved in July beginning, with COS too starting Oct 1st (with i94). Now my questions are

1) If the L1 extension is approved in say September with a new i94, will the COS to H1 still happen on Oct 1st? I guess the last action will be the L1 extension approval?

2) If the L1 extension is still pending without a decision on October 1st, can I move to the H1 employer and start working, letting company A withdraw the L1 extension? Will this mean I was out of status from June end to Oct 1st?

3) If the L1 is denied in say August middle, I guess I will have to leave USA, as I will be out of status immediately, and cannot wait until October 1st. is this right?

Thanks much for the help in advance.

[shervin143]

1) If the L1 extension is approved in say September with a new i94, will the COS to H1 still happen on Oct 1st? I guess the last action will be the L1 extension approval?
>>> The last petition that gets effective will determine your legal status. So if H1B is effective from Oct 1st and L1 extension is approved in August, then starting Oct 1st, you will be in H1B status. If L1 approval comes after Oct 1st, then you will be in L1 status.

2) If the L1 extension is still pending without a decision on October 1st, can I move to the H1 employer and start working, letting company A withdraw the L1 extension? Will this mean I was out of status from June end to Oct 1st?
>>> If L1 extension is withdrawn, then you will not go out of status, but your presence from June to October will become illegal as your I-94 has expired. Also, your employer during that period will become illegal.

3) If the L1 is denied in say August middle, I guess I will have to leave USA, as I will be out of status immediately, and cannot wait until October 1st. is this right?
>>> That is correct. You can get the H1B stamped and return back in H1B visa on or after September 21st.