Filing Non-cap H1 after L1-H1 COS

[scorpio26]

Hi,

My situation is as follows:

I am in US with Company X (L1B visa)

-Company X L1B visa expired on May 2009 and got it extended up to May 2011
-Company Y filed H1B with COS for FY10 and got it approved.
-I am still working with Company X and do not wish to join Company Y
-I understand that my status got changed to H1 on Oct 1st and currently I am working for X without authorization.
-I will go to India for a vacation on Jan end and get the L1B stamped and enter US with L1 to correct the situation.
-After that I am planning to use the already approved H1B from Company Y as a proof when Company X files for my H1B so that it is considered as a non-cap filing and doesnt fall under the 65K quota.

Q1: Am I correct in my planning or am I missing something?
Q2: I am assuming once I have re-acquired the L1 status, filing a non-cap H1B through company X will not have any issue. Am I correct in assuming this, provided I have correct documentation.
Q3: What is the risk if Company X files the H1B as non-cap before I go to India and re-acquire the L1 status?

I would like to continue with Company X and at the same time persue the least risky path to convert my out of status situation to a valid H1B status through Company X.

Any suggestions or advice is greatly appreciated. Thank you in advance.

[shervin143]

Q1: Am I correct in my planning or am I missing something?
>>> Leaving the country and re-entering in L1 is the easiest way to get back to L1 status.

Q2: I am assuming once I have re-acquired the L1 status, filing a non-cap H1B through company X will not have any issue. Am I correct in assuming this, provided I have correct documentation.
>>> Hard to predict. You have been out of status for a long time (almost 4 months) and you have illegal employment with L1 employer after your COS to h1B got approved.

Q3: What is the risk if Company X files the H1B as non-cap before I go to India and re-acquire the L1 status?
>>> Not advisable to travel when H1B transfer is in progress. If it gets approved (High possibility of denial since you don't have H1b pay slips to prove your status), it will be a consular process for which you will have to go out of the country and get the H1B stamped.